Sherrill v. Louisville & Nashville R. R.
Supreme Court of Alabama
A ction for Damges for Destruction of Property by Fire. Appeal from Morgan Circuit Court. Heard before Hou. O. Kyle. ■Action by appellant aginst appellee for destroying a building and its contents by fire alleged to have originated from sparks emitted from defendant’s engine, while defendant was operating an engine and train of cars through Hartselle, an incorporated town. The building and contents alleged, to have been destroyed are fully described in each count.
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A ction for Damges for Destruction of Property by Fire. Appeal from Morgan Circuit Court. Heard before Hou. O. Kyle. ■Action by appellant aginst appellee for destroying a building and its contents by fire alleged to have originated from sparks emitted from defendant’s engine, while defendant was operating an engine and train of cars through Hartselle, an incorporated town. The building and contents alleged, to have been destroyed are fully described in each count. The complaint contained seven counts. The first count declared that the defendant carelessly and negligently destroyed plaintiff’s…
1Opinion of the CourtMcCLELLAN, C. J.
— The emission of sparks from a locomotive in unusual and. dangerous quantities, and of unusually large size is evidence tending to show that either the locomotive was improperly constructed, or that its appl lances 'for arresting sparks are not in proper condition, or that it was improperly or negligently operated at the time. In cases of this sort therefore, it is always competent to prove'that the locomotive supposed to have thrown the sparks upon adjacent property, and thereby set fire to it, was at the time of its phssage emitting sparks in greater quantities and of larger size than are…
2Cases cited1 opinion
- Bolton v. CuthbertSupreme Court of Alabama · 1902
3Cited by11 opinions
- Miller-Brent Lumber Co. v. DouglasSupreme Court of Alabama · 1910
- Stephens v. WalkerSupreme Court of Alabama · 1928
- Troup v. StateSupreme Court of Alabama · 1909
- Alabama G. S. R. R. v. Davenport & Co.Supreme Court of Alabama · 1916
- Central of Georgia Ry. Co. v. WilsonSupreme Court of Alabama · 1927
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