Legal Opinion

Louisville & Nashville R. R. v. Smith

Supreme Court of Alabama

Decided June 1, 1909PublishedCited by 23 opinions

Appeal from Conecuh Circuit Court. Heard before Hon. J. C.' Richardson. Action by Irby T. Smith against the Louisville & Nashville Railroad Company. Judgment for plaintiff,, and defendant appeals.

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Appeal from Conecuh Circuit Court. Heard before Hon. J. C.' Richardson. Action by Irby T. Smith against the Louisville & Nashville Railroad Company. Judgment for plaintiff,, and defendant appeals. The complaint is in the following language: Count 3: “Plaintiff claims of the defendant the further sum of $1,000 as damages, for that heretofore,' to wit, April 27, 1906, the defendant was'running and operating a railroad through Evergreen, Ala.., and was running and operating a locomotive thereon; that plaintiff owned 14 bales of cotton near to said railroad; that defendant negligently caused or…

1Opinion of the CourtMcGLELLAN, J.

— The cause of action relied on for a recovery is the negligent destruction of plaintiff’s cotton by fire communicated thereto. The cotton was located on a platform very near the defendant’s tracks in Evergreen.

The argument, based on the demurrers to the fourth, fifth, and six counts, cannot be sustained. The counts plainly impute the communication of the fire to the plaintiff’s cotton in consequence of the negligence of the defendant. The further averment that the damage suffered by the plaintiff “by reason of said fire” took nothing from the antecedent allegation of negligent ■communication…

2Cases cited24 opinions

  1. City Delivery Co. v. HenrySupreme Court of Alabama · 1903
  2. Louisville & Nashville Railroad v. Marbury Lumber Co.Supreme Court of Alabama · 1899
  3. Louisville & Nashville Railroad v. OrrSupreme Court of Alabama · 1898
  4. Alabama Great Southern Railroad v. JohnstonSupreme Court of Alabama · 1900
  5. Louisville & Nashville Railroad v. ReeseSupreme Court of Alabama · 1888

19 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Lynn Strickland Sales & Serv., Inc. v. AERO-LANE FAB., INC.Supreme Court of Alabama · 1987
  2. City of Bessemer v. ClowdusSupreme Court of Alabama · 1954
  3. Thompson v. WhiteSupreme Court of Alabama · 1963
  4. County of Ventura v. Southern California Edison Co.California Court of Appeal · 1948
  5. Sington v. Birmingham Ry., Light & Power Co.Supreme Court of Alabama · 1917

18 more not listed; retrieve them via the Exa API.

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