Southern Railway Co. v. Dickens
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Brown. Action by Charles C. Dickens against the Southern Bailway Company for damages for setting out fire. Judgment for plaintiff. and defendant appeals.
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Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Brown. Action by Charles C. Dickens against the Southern Bailway Company for damages for setting out fire. Judgment for plaintiff. and defendant appeals. There was no evidence in this case to raise the presumption of negligence in the setting out of the fire, or in fact, that the engine caused the fire. — L. & N. v. Malone, 109 Ala. 509; L. & N. v. Marbury Lumber Go,, 125 Ala. 237; s. c. 132 Ala. 520; A. G. 8. v. Johnson, 128 Ala. 283; A. G. 8. v. Taylor, 129 Ala. 239; A. G. 8. v. Clark, 136 Ala. 450; Southern v. Wilson, 138 Ala.…
1Opinion of the CourtMayfield, J.
The appellee sued appellant to recover damages for setting fire to his premises, and thereby burning a large quantity of trees, wood, timber, and fencing. The complaint contained two counts. The wrong or negligence relied on in the first count is that the defendant negligently allowed fire to escape from *146one of the defendant railroad company’s engines, and to communicate itself to the premises of the plaintiff. The second is that the defendant negligently set fire to the premises of the plaintiff. To this complaint the defendant pleaded the general issue, and a special plea of the statute of…
2Cases cited9 opinions
- Louisville & Nashville Railroad v. Marbury Lumber Co.Supreme Court of Alabama · 1899
- Louisville & Nashville Railroad v. MaloneSupreme Court of Alabama · 1895
- Richmond & Danville Railroad v. MedleySupreme Court of Virginia · 1881
- Henderson v. Phila. R., Pennsylvania Court of Common Pleas, Philadelphia County1891
- Burroughs v. Housatonic RailroadSupreme Court of Connecticut · 1842
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Miller-Brent Lumber Co. v. DouglasSupreme Court of Alabama · 1910
- Lester v. JacobsSupreme Court of Alabama · 1925
- Alabama Great Southern Railroad v. Loveman Compress Co.Supreme Court of Alabama · 1916
- Southern Railway Co. v. Kendall & Co.Alabama Court of Appeals · 1915
- McCary v. Ala. Gt. South. R. R.Supreme Court of Alabama · 1913
7 more not listed; retrieve them via the Exa API.