Jones v. Hines
Supreme Court of Alabama
Appeal from Circuit Court, Jackson County; W. W. Harralson, Judge. Action by Ellen Jones, for use of Axie Crutcher, against Walker D. Hines, as Director General of Railroads, operating the Nashville, Chattanooga & St. Louis Railway, for damages for setting out fire. Judgment for defendant, and plaintiff appeals. While it seemed settled that this court will not go behind the finding of the trial judge on facts found by him (16 Ala. App. 583, 80 South. 157; 13 Ala.
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Appeal from Circuit Court, Jackson County; W. W. Harralson, Judge. Action by Ellen Jones, for use of Axie Crutcher, against Walker D. Hines, as Director General of Railroads, operating the Nashville, Chattanooga & St. Louis Railway, for damages for setting out fire. Judgment for defendant, and plaintiff appeals. While it seemed settled that this court will not go behind the finding of the trial judge on facts found by him (16 Ala. App. 583, 80 South. 157; 13 Ala. App. 619, 68 South. 718; 126 Ala. 176, 28 South. 420), the question here presented is a legal proposition, as to whether the…
1Opinion of the CourtGardner, J.
Suit by appellant against appellee to recover damages for the destruction of property by fire, alleged to have been negligently communicated as the result of the equipment or operation of a locomotive on the Nashville, Chattanooga & St. Louis Railroad.
The cause was tried before the court without a jury; the plaintiff requesting a special finding of facts. Section 5360, Code 1907. The finding of facts was made, and the same entered upon the minutes, as provided by said section. The court found the facts to be that the plaintiff had from the evidence made out a prima facie case, leading to the…
2Cases cited6 opinions
- Louisville & Nashville Railroad v. Marbury Lumber Co.Supreme Court of Alabama · 1899
- Alabama G. S. R. R. v. Davenport & Co.Supreme Court of Alabama · 1916
- Deason v. Alabama Great Southern Ry. Co.Supreme Court of Alabama · 1914
- Johnson v. McFryAlabama Court of Appeals · 1915
- American Cast-Iron Pipe Co. v. Birmingham Tailoring Co.Alabama Court of Appeals · 1918
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Springer v. SullivanSupreme Court of Alabama · 1928
- Green v. MarlinSupreme Court of Alabama · 1929
- Harrell v. Alabama Farm Bureau Mutual Casualty InsuranceSupreme Court of Alabama · 1971
- Shepherd v. Scott's ChapelSupreme Court of Alabama · 1927
- Shaw v. KnightSupreme Court of Alabama · 1925
10 more not listed; retrieve them via the Exa API.