Girardino v. Bir. So. R. R.
Supreme Court of Alabama
Appeal from. Birmingham City Court. Heard before Hon. Chas. W. Ferguson. Action by Frank Girardino against the Birmingbam Southern Railroad Company for damages for setting fire to and destroying the building belonging to plaintiff. Judgment for the defendant and the court having refused to set the same, aside plaintiff appeals.
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Appeal from. Birmingham City Court. Heard before Hon. Chas. W. Ferguson. Action by Frank Girardino against the Birmingbam Southern Railroad Company for damages for setting fire to and destroying the building belonging to plaintiff. Judgment for the defendant and the court having refused to set the same, aside plaintiff appeals. The newly discovered evidence was sufficient ground for a motion for a new trial in this cause, unless the right to a new’ trial is merely an imaginary thing which has long since passed in the limbo of things that were, but are not. — Gob v. M. & G. R. R. Go., 44 Ala.…
1Opinion of the Court
de GRAFFENRIED, J.
A building of Frank Girardino was destroyed by fire. Just before the fire Avas discovered, a locomotive of the Birmingham Southern Railroad Company passed near the building. The theory of the said Frank Girardino who was the plaintiff in the court below, Avas that the servants of the said railroad company (the defendant in the court beloAv) Avho were in charge of said locomotive, while acting .Avithin the scope of their employment, so negligently operated the said locomotive as to cause it to emit sparks in dangerous and unusual quantities, thereby setting fire to the…
2Cases cited1 opinion
- McLeod v. Shelly Manufacturing & Improvement Co.Supreme Court of Alabama · 1895
3Cited by19 opinions
- Fries v. Acme White Lead & Color WorksSupreme Court of Alabama · 1918
- Freeman v. StateAlabama Court of Appeals · 1941
- Mobile City Lines, Inc. v. AlexanderSupreme Court of Alabama · 1947
- Wilson v. StateAlabama Court of Appeals · 1941
- Taylor v. StateAlabama Court of Appeals · 1941
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