Gibson v. Hatchett
Supreme Court of Alabama
ERROR to the Circuit Court of Coosa. Tried before the Hon. John D. Phelan. Assumpsit by Hatcher & Brother against Allen Gibson, to recover for advances made on cotton, which had been destroyed by fire while stored in plaintiffs’ warehouse.
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ERROR to the Circuit Court of Coosa. Tried before the Hon. John D. Phelan. Assumpsit by Hatcher & Brother against Allen Gibson, to recover for advances made on cotton, which had been destroyed by fire while stored in plaintiffs’ warehouse. The defence was, that the cotton was destroyed under such circumstances as authorized the defendant to recoup the damages. — See 18 Ala. 589. The evidence tended to prove that the plaintiffs had contracted to store the cotton in a fire-proof warehouse, and that one hundred and six bales were destroyed by fire after being stored. A witness for the defendant,…
1Opinion of the CourtGoldthwaite, J.
An objection was taken in the court below to an inquiry made of a witness, as to whether the defendant could see an opening in the wall from the place where he was proved to have been standing. This objection was overruled, and the witness allowed to answer the question. It was through this aperture in the wall, that the fire which consumed the building entered ; and the defendant offered to prove, by the opinion of a witness, that the house and cotton could have been saved, if this opening had been built up. This evidence was rejected. We shall consider the ruling of the court in relation to…
2Cases cited1 opinion
- Murrah v. Branch Bank at DecaturSupreme Court of Alabama · 1852
3Cited by12 opinions
- Rost v. F. H. Noble & Co.Illinois Supreme Court · 1925
- Grey v. Mobile Trade Co.Supreme Court of Alabama · 1876
- Herring v. SkaggsSupreme Court of Alabama · 1878
- Seals v. EdmondsonSupreme Court of Alabama · 1882
- Smith v. CauseySupreme Court of Alabama · 1856
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