Rudder v. Koopman & Gerdes
Supreme Court of Alabama
Appeal from the Circuit Court of Cullman. Tried before the Hon. H. C. Spbake. The appellant, Josephine Rudder, brought the present action on March 15, 1894, against the appellants, Mary A. Koopman and John Gerdes, partners in business under the firm name of Koopman & Gerdes, to recover damages.
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Appeal from the Circuit Court of Cullman. Tried before the Hon. H. C. Spbake. The appellant, Josephine Rudder, brought the present action on March 15, 1894, against the appellants, Mary A. Koopman and John Gerdes, partners in business under the firm name of Koopman & Gerdes, to recover damages. The original complaint was as follows : “The plaintiff claims of the defendants one thousand dollars, as damages, for that heretofore, to-wit, on or about the 4th day of March, 1894, the said defendants kept stored or deposited in the incorporated town of Cullman in said State and county, dynamite, a…
1Opinion of the Court
HEAD, J .
The important question presented by this record is the liability vel non of the defendants for damage done to plaintiff’s building and contents, by the explosion of large quantities of dynamite and gun powder stored and kept by defendants, in their wooden building located within the corporate limits of the town of Cull-man, in a thickly settled and populated portion of said town, where there were many buildings, including plaintiff’s, in proximity to defendants’ building where the explosives were kept.
Without fault on the part of defendants, so far as the allegations show, a building…
2Cases cited14 opinions
- Campbell v. . SeamanNew York Court of Appeals · 1876
- Hay v. . the Cohoes CompanyNew York Court of Appeals · 1849
- Lansing v. SmithCourt for the Trial of Impeachments and Correction of Errors · 1829
- Heeg v. . LichtNew York Court of Appeals · 1880
- Catlin v. ValentineNew York Court of Chancery · 1842
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3Cited by12 opinions
- Stone v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1898
- Horan v. Inhabitants of WatertownMassachusetts Supreme Judicial Court · 1914
- Capra v. Phillips Investment CompanySupreme Court of Missouri · 1957
- Flynn v. ButlerMassachusetts Supreme Judicial Court · 1905
- Stone v. Texas Co.Supreme Court of North Carolina · 1920
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