Parnell v. Southern Ry. Co.
Supreme Court of Alabama
Appeal from Washington Circuit Court. Heard before'Hon. Ben D. Turner. Suit by Thomas Parnell against the Southern Railway Company for damages for setting out fire. Judgment of non suit on demurrer to the complaint and plaintiff appeals.
1Opinion of the CourtGardner, J.
Appellant brought suit against the appellee for recovery of damages for the destruction by fire of a sawmill, machinery, and equipment, located near the right of way of appellee’s railroad. It was charged in the complaint that the property was destroyed through the negligence of agents or employees of the defendant railroad company while acting in the scope of their employment, in the negligent operation or negligent construction or equipment of the defendant’s engine, whereby sparks emitted therefrom set fire to and destroyed the said property. The property belonged at the time of the fire…
2Cases cited31 opinions
- Gulf, Colorado & Santa Fé Railway Co. v. EllisSupreme Court of the United States · 1897
- Noble State Bank v. HaskellSupreme Court of the United States · 1911
- Orient Insurance v. DaggsSupreme Court of the United States · 1899
- Atchison, Topeka & Santa Fé Railroad v. MatthewsSupreme Court of the United States · 1899
- Missouri Pacific Railway Co. v. MacKeySupreme Court of the United States · 1888
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3Cited by5 opinions
- Sloss-Sheffield Steel & Iron Co. v. WilkesSupreme Court of Alabama · 1936
- Collins v. Mobile O. R. Co.Supreme Court of Alabama · 1923
- North River Insurance Co. v. McKenzieSupreme Court of Alabama · 1954
- Phillips v. MaloneSupreme Court of Alabama · 1931
- Webb v. Southern Ry. Co.Court of Appeals for the Fifth Circuit · 1918