Bell v. Ala. Midland Ry. Co.
Supreme Court of Alabama
Appeal from Pike Circuit Court. Tried before Hon. J. R. Tysox. The allegations of the complaint in this case are shown in the opinion. The evidence of the p'aintiff was to the effect that the property of the plaintiff, which was situated near the line of the defendant’s railway, was destroyed by fire on the morning of November 26th, 1893. The fire originated in a barn, filled with fodder, which barn had an opening in the side opposite the railroad.
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Appeal from Pike Circuit Court. Tried before Hon. J. R. Tysox. The allegations of the complaint in this case are shown in the opinion. The evidence of the p'aintiff was to the effect that the property of the plaintiff, which was situated near the line of the defendant’s railway, was destroyed by fire on the morning of November 26th, 1893. The fire originated in a barn, filled with fodder, which barn had an opening in the side opposite the railroad. A strong wind was blowing towards the barn from the railroad. The fire was discovered a few minutes after the passing of a freight train on…
1Opinion of the CourtHead, J.
The second plea of defendant, setting up that the property burned was insured and that the plaintiff had collected the insurance money, &c., was withdrawn, and alie vid snce insapp )rb thereof to which plaintiff had objected was excluded from the jury by the court. We will, therefore, not consider assignments of error upon that subject.
The negligence counted on, as causing the fire, and destruction of plaintiff’s property, is the careless and negligent handling, running and operating defendant’s locomotive engine, over and along its line of road, by defendant’s servants, whereby fire was…
2Cited by3 opinions
- Sloss-Sheffield Steel & Iron Co. v. PeinhardtSupreme Court of Alabama · 1940
- Knight v. Tombigbee Valley R. R.Supreme Court of Alabama · 1914
- Northern Alabama Ry. Co. v. HawkinsSupreme Court of Alabama · 1919