Louisville & Nashville Railroad v. Sullivan Timber Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. John R. Tyson. This action was brought by the appellee, the Sullivan Timber Company, against the Louisville & Nashville Railroad Company, to recover damages for burning the plaintiff’s property which was alleged to have been caused by fire, which was started by sparks emitted from ■one of the'defendant’s locomotives while being run along its road. The complaint as amended contained five counts.
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Appeal from the Circuit Court of Mobile. Tried before the Hon. John R. Tyson. This action was brought by the appellee, the Sullivan Timber Company, against the Louisville & Nashville Railroad Company, to recover damages for burning the plaintiff’s property which was alleged to have been caused by fire, which was started by sparks emitted from ■one of the'defendant’s locomotives while being run along its road. The complaint as amended contained five counts. The first, second, fourth and fifth counts alleged that the fire caught in hay, dry grass, weeds or otlr er combustible material, which…
1Opinion of the CourtTyson, J.
The appeal in this case is prosecuted by the defendant in the court below from a judgment granting a new trial'. The motion made by the plaintiff for the new trial contains nine grounds. The first two grounds complain of error by the jury in the finding of tlieir verdict. They proceed upon the two propositions: 1st, that the verdict was contrary to the evidence, and; 2d, that it was contrary to the law and evidence*. Under the view we take of the case, it is unnecessary to consider these grounds, further than to say there was evidence* tending to support every issue made by the pleadings in…
2Cases cited9 opinions
- Moore v. HeinekeSupreme Court of Alabama · 1898
- Florence Cotton & Iron Co. v. FieldSupreme Court of Alabama · 1894
- Torrey v. BurneySupreme Court of Alabama · 1896
- Calhoun v. Hannan & MichaelSupreme Court of Alabama · 1888
- Brock v. StateSupreme Court of Alabama · 1898
4 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Anderson v. StateSupreme Court of Alabama · 1922
- Washington v. StateSupreme Court of Alabama · 1953
- Robinson v. CrotwellSupreme Court of Alabama · 1911
- Western Union Telegraph Co. v. BensonSupreme Court of Alabama · 1908
- Birmingham R. L. & P. Co. v. SaxonSupreme Court of Alabama · 1912
42 more not listed; retrieve them via the Exa API.