Southern Railway Co. v. Kendall & Co.
Alabama Court of Appeals
Appeal from Madison Circuit Court. Heard before Hon. D. W. Speake. Suit by E. L. Kendall & Co. against the Southern Railway Company, for damages for the destruction of certain cedar poles alleged to have been burned by fire set out from a locomotive of defendant. Judgment for plaintiff, and defendant appeals. There were five counts in the complaint, but only four went to the jury, as the first count was stricken on demurrer. The facts sufficiently appear.
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Appeal from Madison Circuit Court. Heard before Hon. D. W. Speake. Suit by E. L. Kendall & Co. against the Southern Railway Company, for damages for the destruction of certain cedar poles alleged to have been burned by fire set out from a locomotive of defendant. Judgment for plaintiff, and defendant appeals. There were five counts in the complaint, but only four went to the jury, as the first count was stricken on demurrer. The facts sufficiently appear. The following charges were refused the defendant. Charges 3, 4, and 5 were the affirmative charges as to counts 3, 4, and 5. “(1) If the…
1Opinion of the Court
BROWN, J.(1) There is nothing in the record showing that the motion for a new trial was ever acted upon by the trial court, and for this reason nothing is presented for review by assignments of error predicated on this motion.—Milner Coal & R. R. Co. v. Wiggins, 143 Ala. 132, 38 South. 1010.(2) There is nothing in the record showing that motion was made to exclude the testimony of J. L. Kendall as to the market value of cedar at Gurley’s Station, and assignments of error predicated on.such supposed ruling are not sustained. The only/ motion to exclude testimony given by this witness was made…
2Cases cited18 opinions
- Alabama Great Southern Railroad v. JohnstonSupreme Court of Alabama · 1900
- Reiter-Connolly Mfg. Co. v. HamlinSupreme Court of Alabama · 1906
- Pantaze v. WestAlabama Court of Appeals · 1913
- Warble v. Sulzberger Co. of AmericaSupreme Court of Alabama · 1914
- Alabama Terminal R. R. v. BennsSupreme Court of Alabama · 1914
13 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Arrick v. FanningAlabama Court of Appeals · 1950
- Peters v. StateSupreme Court of Alabama · 1941
- Louisville & N. R. Co. v. SteversonSupreme Court of Alabama · 1929
- Cannon v. ScarboroughSupreme Court of Alabama · 1931
- Motor Terminal & Transportation Co. v. MillicanSupreme Court of Alabama · 1943
13 more not listed; retrieve them via the Exa API.