Louisville & Nashville Railroad v. Marbury Lumber Co.
Supreme Court of Alabama
Appeal from Autauga Circuit Court. Tried, before Hon. N. D. Denson. This was an action on the case brought by the Mar-bury Lumber Company against the Louisville & Nashville Railroad 'Company for the alleged negligent destruction of seventy bales of cotton, the property of ap-pellee.
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Appeal from Autauga Circuit Court. Tried, before Hon. N. D. Denson. This was an action on the case brought by the Mar-bury Lumber Company against the Louisville & Nashville Railroad 'Company for the alleged negligent destruction of seventy bales of cotton, the property of ap-pellee. There was a verdict and judgment for plaintiff for $2,078.66. For report of case on former appeal see 125 Ala. 237. The opinion, sufficiently shows the facts, except as to defendant’s refused charges. Those charges were as follows : (B.) “The court charges the jury that the plaintiff having failed to show the…
1Opinion of the CourtHaralson, J.
— 1. The principle is well established in this court as a rule of evidence, that in an action against a railroad company to recover damages resulting from fire alleged to have been caused by the negligent escape of sparks from a locomotive running on defendant’s road, the burden is on the plaintiff, in the first instance, to show that the fire was caused by *524sparks emitted from defendant’s locomotive, and when it is shown that the fire was. thus caused, which is, when disputed, always a question of fact for the jury, the mere communication of the fire from the railroad engine, is of itself…
2Cases cited6 opinions
- Louisville & Nashville Railroad v. Marbury Lumber Co.Supreme Court of Alabama · 1899
- Union Pac. R'y Co. v. De BuskSupreme Court of Colorado · 1888
- Louisville & Nashville Railroad v. ReeseSupreme Court of Alabama · 1888
- N. & W. R. R. v. FergusonSupreme Court of Virginia · 1884
- New York, Phila. & Norfolk R. R. v. Kellam's Adm'rSupreme Court of Virginia · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Lawson v. Mobile Electric Co.Supreme Court of Alabama · 1920
- Cruse-Crawford Mfg. Co. v. RuckerSupreme Court of Alabama · 1929
- Alabama Power Co. v. EmensSupreme Court of Alabama · 1934
- Southern Railway Co. v. SladeSupreme Court of Alabama · 1915
- Alabama Great Southern Ry. Co. v. SandersSupreme Court of Alabama · 1906
9 more not listed; retrieve them via the Exa API.