Birmingham, Ensley & Bessemer R. R. v. Williams
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. C. B. Smith. Action by E. M. Williams against the Birmingham, Ensley & Bessemer Railroad Company, for damages for permitting property to be "destroyed by fire. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals.
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Appeal from Jefferson Circuit Court. Heard before Hon. C. B. Smith. Action by E. M. Williams against the Birmingham, Ensley & Bessemer Railroad Company, for damages for permitting property to be "destroyed by fire. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals. The charge made the basis of the sixth assignment of error is as follows: The following charge refused to defendant in writing: “If you are reasonably satisfied from the evidence that the person in charge of the hose signaled to the motorman to proceed, or that he made a signal which the motorman was…
1Opinion of the Court
de GRAFFENRIED, J.
The plaintiff, E. M. Williams had some personal property stored in a room in the city of Birmingham. The building in which the' plaintiff’s property was stored was destroyed by fire, and the plaintiff’s property was burned up, along with the building. In its efforts to save the building in which the plaintiff’s goods were stored, the fire department of the city of Birmingham attached a hose to- a fire plug. Between this fire plug and- the building the defendant, Birmingham, Ensley & Bessemer Railroad Company, had a car line which was imbedded in and formed a part of a…
2Cases cited8 opinions
- Metallic Compression Casting Co. v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1872
- First Nat. Bank v. Fire Ass'nOregon Supreme Court · 1898
- Louisville & Nashville R. R. v. LoydSupreme Court of Alabama · 1914
- Walker v. StateSupreme Court of Alabama · 1877
- Yarbrough v. CarterSupreme Court of Alabama · 1913
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Hamilton v. Cranford Mercantile Co.Supreme Court of Alabama · 1918
- Alabama Great Southern R. Co. v. GrauerSupreme Court of Alabama · 1924
- Gipson v. StateSupreme Court of Alabama · 1955
- Louisville N. R. Co. v. DuncanAlabama Court of Appeals · 1918
- Alabama Great Southern R. Co. v. GrauerSupreme Court of Alabama · 1924