So. Ry. Co. v. Collins
Supreme Court of Alabama
Appeal from Hale County Law & Equity Court. Heard before Hon. Chas. E. Waller. Action by J. W. Collins, Jr., against the Southern Railway Company for damages to property by fire alleged to have been set out by a passing railway locomotive of the defendant. Judgment for plaintiff and defendant appeals.
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Appeal from Hale County Law & Equity Court. Heard before Hon. Chas. E. Waller. Action by J. W. Collins, Jr., against the Southern Railway Company for damages to property by fire alleged to have been set out by a passing railway locomotive of the defendant. Judgment for plaintiff and defendant appeals. Under the testimony in this case the jury was not warranted in finding that the fire was set out by sparks emitted from an engine of the defendant, therefore the court erred in submitting that question to the jury and in refusing to set aside their verdict. — 33 Cyc. 1396; Miller Brent Lbr. Go.…
1Opinion of the CourtSayre, J.
In this case appellee, plaintiff below, claimed and recovered judgment against defendant for that his barn and its contents were destroyed by fire set by sparks from defendant’s engine. With engaging frankness appellant admits that there was ample evidence going to show either that the engine was defectively equipped, or negligently operated, so that, under ordinary circumstances, the jury would have been justified in drawing the inference that sparks were negligently emitted therefrom which set fire to plaintiff’s barn. And so the contention for a reversal is based upon two propositions:…
2Cases cited1 opinion
- Cobb v. MaloneSupreme Court of Alabama · 1890
3Cited by5 opinions
- Rohn v. StateSupreme Court of Alabama · 1914
- Midland Valley R. Co. v. RupeSupreme Court of Oklahoma · 1922
- Kansas City Southern Ry. Co. v. HendersonSupreme Court of Oklahoma · 1915
- St. Louis S. F. R. Co. v. MobleySupreme Court of Oklahoma · 1918
- Deason v. Alabama Great Southern Ry. Co.Supreme Court of Alabama · 1914