Alabama Great Southern Ry. Co. v. Demoville
Supreme Court of Alabama
Appeal from Greene Circuit Court. Heard before Hon. S. H. Sprott. Action Albartus D.emoville against the Alabama Great Southern Railway for damages for the destruction of cotton seed by fire. Judgment for plaintiff the ■defendant appeals. The court should have sustained demurrers to counts 1, 2, 3 and 4 of the complaint.
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Appeal from Greene Circuit Court. Heard before Hon. S. H. Sprott. Action Albartus D.emoville against the Alabama Great Southern Railway for damages for the destruction of cotton seed by fire. Judgment for plaintiff the ■defendant appeals. The court should have sustained demurrers to counts 1, 2, 3 and 4 of the complaint. Each of these counts show that the seed house was on the right of way of the defendant. — Haley v. K. G. & M. R. R. Go., 113 Ala. 640; Prather v. W. W. T. Go., 14 A. & E. R. cases, 1; Hodges v. E. G. M. & B. R. R. Go., 43 A. & E. R. R. Cases, 599. It is not averred nor shown…
1Opinion of the CourtMayfield, J.
Appellee sued appellant to recover damages for the destruction of a lot of cotton seed. The seed were destroyed by fire which was communicated to the building in which they were stored from the burning cars of cotton left by defendant on its side tracks near the building. The building in which the seed were stored was located on the defendant’s right of way, and was built by the Eagle Cotton Seed Oil Company, another corporation, under a written agreement between it and the defendant. This agreement, license, permit, or lease (whatever its name) contained a clause, or clauses, by which the…
2Cases cited6 opinions
- Louisville & Nashville Railroad v. Marbury Lumber Co.Supreme Court of Alabama · 1899
- Alabama Great Southern Railroad v. JohnstonSupreme Court of Alabama · 1900
- Louisville & Nashville Railroad v. MaloneSupreme Court of Alabama · 1895
- Alabama Great Southern Railroad v. ClarkSupreme Court of Alabama · 1902
- Alabama Great Southern Railroad v. TaylorSupreme Court of Alabama · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Alabama Great Southern Railroad v. Loveman Compress Co.Supreme Court of Alabama · 1916
- ALA. GREAT SOUTHERN R. CO. v. Sumter Plywood Corp.Supreme Court of Alabama · 1978
- Deal v. Houston CountySupreme Court of Alabama · 1918
- McKinney v. Mobile O. R. Co.Supreme Court of Alabama · 1926
- Alabama G. S. R. R. v. Davenport & Co.Supreme Court of Alabama · 1916
11 more not listed; retrieve them via the Exa API.