McMillan v. Manistee Mill Co.
Supreme Court of Alabama
Appeal from Conecuh Circuit Court. Heard before Hon. J. C. Richardson. Action by Henry McMillan against Vastine J. Hurlong, doing business as the Manistee Mill Company, for damages for the destruction of certain wood belonging to the plaintiff, alleged to have been caused by fire set out from sparks emitted from a locomotive engine being operated by the defendant. Judgment for defendant, and plaintiff appeals.
Read the full summary
Appeal from Conecuh Circuit Court. Heard before Hon. J. C. Richardson. Action by Henry McMillan against Vastine J. Hurlong, doing business as the Manistee Mill Company, for damages for the destruction of certain wood belonging to the plaintiff, alleged to have been caused by fire set out from sparks emitted from a locomotive engine being operated by the defendant. Judgment for defendant, and plaintiff appeals. Charge 5, given for the defendant, was as follows: “The court charges the jury that if they are reasonably satisfied from the evidence that the defendant’s engine was properly…
1Opinion of the CourtDowdell, C. J.
Of the errors assigned on the record, only two are insisted on in argument. The first question urged and insisted on relates to the ruling of the trial court in the exclusion of evidence, offered by the plaintiff, as to the action of the town authorities of the town of Repton, prohibiting the defendant from loading and unloading wood in the town on account of danger from fire incident to the emission of unusual quantities of sparks from defendant’s engine. This evidence was clearly inadmissible. It was no more than a declaration by a third party, a stranger to the suit, that the defendant’s…
2Cited by3 opinions
- Wilson Bros. v. Mobile O. R. Co.Supreme Court of Alabama · 1922
- Douglass v. Central of Georgia Ry. Co.Supreme Court of Alabama · 1917
- Goodgame v. Louisville N. R. Co.Supreme Court of Alabama · 1928