Alabama Great Southern R. R. v. Clarke
Supreme Court of Alabama
Appeal from Greene Circuit Court. Heard before Hon S. H. Sprott. This was an action begun by appellee against appellant to recover the value of 115 bales of cotton, alleged to have been burned by lire originating from sparks thrown out by appellant’s engine.
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Appeal from Greene Circuit Court. Heard before Hon S. H. Sprott. This was an action begun by appellee against appellant to recover the value of 115 bales of cotton, alleged to have been burned by lire originating from sparks thrown out by appellant’s engine. The cotton was stored in a third person’s Avarehouse, and the appellant attempted to set up as a defense to the action that the person storing the cotton Avas guilty of contributory negligence in leaAdng the cotton out from under the Avarehouse shed and uncovered. Demurrers Avere interposed to these pleas and sustained, and issue was…
1Opinion of the CourtSimpson, J.
This was .an action for damages for the burning of 115 bales of cotton of the plaintiff (appellee) in the warehouse of the Planters’ Warehouse & Commission Company, at Eutaw, Ala.; and it is claimed that said burning 'was caused by the negligence of defendant (appellant), from whose engine it is claimed sparks were emitted, setting fire to cotton on the platform adjoining said warehouse, which fire extended to the warehouse, destroying plaintiff’s cotton. Defendant claimed that the warehouse company was guilty of contributory negligence in permitting cotton to remain on the open platform,…
2Cases cited2 opinions
- Foster v. SmithSupreme Court of Alabama · 1893
- Berry v. Nall & DuxberrySupreme Court of Alabama · 1875
3Cited by17 opinions
- Virginia Railway & Power Co. v. GorsuchSupreme Court of Virginia · 1917
- Craig & Co. v. Pierson Lumber Co.Supreme Court of Alabama · 1910
- Birmingham Railway Light & Power Co. v. HayesSupreme Court of Alabama · 1907
- Lloyd v. Northern Pacific Railway Co.Washington Supreme Court · 1919
- Central of Georgia Railway Co. v. HinsonSupreme Court of Alabama · 1955
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