Louisville & Nashville Railroad v. Malone
Supreme Court of Alabama
Appeal from the Circuit Court of Limestone. Tried before the Hon. Tecos. R. Roulhac. The pleading in this case and the tendencies of the evidence are sufficiently stated in the opinion. Gus Garner, a witness for the plaintiff, testified that, while he was with a man named Taylor, on the night plaintiff’s house was burned, a freight train passed, the engine of which was throwing a great many sparks, and that there was an unusual and large rush of sparks from the engine.
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Appeal from the Circuit Court of Limestone. Tried before the Hon. Tecos. R. Roulhac. The pleading in this case and the tendencies of the evidence are sufficiently stated in the opinion. Gus Garner, a witness for the plaintiff, testified that, while he was with a man named Taylor, on the night plaintiff’s house was burned, a freight train passed, the engine of which was throwing a great many sparks, and that there was an unusual and large rush of sparks from the engine. The witness was asked to state, “what was said between you and Taylor about it?” The defendant objected to this question on…
1Opinion of the CourtColeman, J.
The appellee, Matilda, Malone, brought this action to recover damages for the loss of her dwelling, which, according to the averments of the complaint, was set on fire, through the negligence and carelessness of the defendant, while operating its road. The theory of the plaintiff is that the house was set on fire by sparks escaping from the engine or smoke-stack as it passed the dwelling, and that the escape of the sparks was caused either by the improper handling of the engine, or that the appliances for arresting and suppressing the sparks were defective.
The defendant pleaded the general…
2Cited by37 opinions
- Louisville & Nashville Railroad v. Marbury Lumber Co.Supreme Court of Alabama · 1899
- Miller-Brent Lumber Co. v. DouglasSupreme Court of Alabama · 1910
- Going v. Alabama Steel & Wire Co.Supreme Court of Alabama · 1904
- Baran v. Reading Iron Co.Supreme Court of Pennsylvania · 1902
- Helling v. SchindlerCalifornia Supreme Court · 1904
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