Robinson v. Cowan
Supreme Court of Alabama
Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Action by M. A. Cowan against J. K. Robinson. Judgment for plaintiff, and defendant appeals. There can be no recovery in the absence of negligence and it certainly was not negligence to set fire to the logs on a calm morning. For a complete discussion of this question we call the court’s attention to the case of. — McNally v. Caldwell, 30 Am. St. Rep. 503; Sweeney v. Merrill, 5 Am.
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Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Action by M. A. Cowan against J. K. Robinson. Judgment for plaintiff, and defendant appeals. There can be no recovery in the absence of negligence and it certainly was not negligence to set fire to the logs on a calm morning. For a complete discussion of this question we call the court’s attention to the case of. — McNally v. Caldwell, 30 Am. St. Rep. 503; Sweeney v. Merrill, 5 Am. St. Rep. 734; Fahn v. Reich curt, 76 Am. Dec. 237; Oathon v. Nichols, 51 Am. Rep. 222. The facts in this case show such negligence as entitles the…
1Opinion of the CourtMcCLELLAN, J.
The action is grounded on the asserted liability of Robinson for damages occasioned to the land and improvements thereon of Cowan by reason of the negligent setting out or negligent control of fire set out by Robinson, an adjoining proprietor to Cowan, on Robinson’s land in the course of clearing “new ground.” The trial was by the court without jury, and the only errors assigned are (1) the finding and conclusion upon the evidence and (2) in the rendition of the judgment for plaintiff.
The general rule, subject to an exception to be stated, is that mere proof of the damage or destruction of…
2Cases cited2 opinions
- Louisville & Nashville Railroad v. ReeseSupreme Court of Alabama · 1888
- Louisville & Nashville Railroad v. SolomonSupreme Court of Alabama · 1899
3Cited by6 opinions
- Ex parte ShoafSupreme Court of Alabama · 1914
- Viking Motor Lodge, Inc. v. American Tobacco Co.Supreme Court of Alabama · 1970
- Hagin v. ShoafAlabama Court of Appeals · 1913
- Tarrance v. ChapmanSupreme Court of Alabama · 1916
- Central of Georgia Ry. Co. v. GriffinAlabama Court of Appeals · 1951
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