Southern Railway Co. v. Stonewall Ins.
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by the Stonewall Insurance Company against the Southern Railway Company, for the destruction of property by fire, insured with such company and for which it had paid the insured.
Read the full summary
Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by the Stonewall Insurance Company against the Southern Railway Company, for the destruction of property by fire, insured with such company and for which it had paid the insured. Judgment for plaintiff for one cent, and on motion, new trial was granted, from which order defendant appeals. — The wrong-complained of was in tort, and under the common law such a chose in action was not assignable, certainly, not to the extent that suit could be maintained thereon by the assignee in his own name. — 2 A. & E. Ency. of Law,…
1Opinion of the CourtMayfield, J.
— This was an action by the appelleeinsurance company against appellant, (defendant) railroad company to recover damages for. the destruction, of a warehouse and a. lot of cotton alleged to have been ignited by fire emitted from defendant’s locomotive.. The property destroyed was insured by appellee to various owners, against loss by fire. After the loss the-insurance company, paid the losses to the insured,- in accordance with its contracts, tailing assignment and. transfer of their respective claims, and thereupon sued appellant, in its own name, for negligently causing the-loss by fire.…
2Cases cited7 opinions
- Connecticut Fire Insurance v. Erie Railway Co.New York Court of Appeals · 1878
- Lucas v. PittmanSupreme Court of Alabama · 1891
- Phenix Insurance v. Pennsylvania RailroadIndiana Supreme Court · 1893
- Home Mutual Insurance v. O. R. & N. Co.Oregon Supreme Court · 1891
- American Union Telegraph Co. v. DaughterySupreme Court of Alabama · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Home InsuranceIndiana Supreme Court · 1915
- Aetna Ins. v. HannSupreme Court of Alabama · 1916
- Collins v. Mobile O. R. Co.Supreme Court of Alabama · 1923
- Southern Railway Co. v. Stonewall InsuranceSupreme Court of Alabama · 1912
- Fidelity & Guaranty Fire Corp. v. Silver Fleet Motor Express, Inc.Supreme Court of Alabama · 1942
7 more not listed; retrieve them via the Exa API.