Louisville & Nashville Railroad v. Reese
Supreme Court of Alabama
Appeal from the Circuit Court of Butler. Tried before the Hon. Jno. P. Hubbard. This action was brought by Albert Beese, against the appellant corporation, to recover damages for injuries caused by fire, which was charged to have originated from sparks emitted from an engine running on the defendant’s railroad track; and was commenced on the 16th October, 1886. The cause was tried on issue joined on the plea of not guilty, and resulted in a verdict and judgment for the…
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Appeal from the Circuit Court of Butler. Tried before the Hon. Jno. P. Hubbard. This action was brought by Albert Beese, against the appellant corporation, to recover damages for injuries caused by fire, which was charged to have originated from sparks emitted from an engine running on the defendant’s railroad track; and was commenced on the 16th October, 1886. The cause was tried on issue joined on the plea of not guilty, and resulted in a verdict and judgment for the plaintiff, for $40. On the trial, as the bill of exceptions shows, it was proved that the inj ury was done on the 19th…
1Opinion of the CourtClopton, J.
On the trial of this action, which was brought by appellee, to recover for injuries suffered by the escape of fire from an engine, the defendant requested the court to charge the jury, that the burden of proof is upon plaintiff to show that the fire was caused by the negligence of defendant, and that evidence tending to show that it was caused by sparks from defendant’s engine, without evidence tending to show that such escape of fire was the result of negligence on the part of defendant, is not sufficient to entitle plaintiff to recover. The defendant also requested the court to further…
2Cases cited8 opinions
- Spaulding v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1872
- Karsen v. Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1881
- Illinois Central Railroad v. MillsIllinois Supreme Court · 1866
- Burke v. Louisville & Nashville RailroadTennessee Supreme Court · 1872
- Burlington & Missouri R. R. v. WestoverNebraska Supreme Court · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Judson v. Giant Powder Co.California Supreme Court · 1895
- Louisville & Nashville Railroad v. Marbury Lumber Co.Supreme Court of Alabama · 1899
- Ala. Great Southern R. R. v. HillSupreme Court of Alabama · 1890
- Lawson v. Mobile Electric Co.Supreme Court of Alabama · 1920
- Montgomery & Eufaula Railway Co. v. MalletteSupreme Court of Alabama · 1890
36 more not listed; retrieve them via the Exa API.