Edwards v. Massingill
Alabama Court of Appeals
Appeal from Escambia Circuit Court. Heard before Hou. A. E. Gamble. Action by C. W. Massingill against J. L. Edwards for setting out a fire and destroying a fence; From a judgment for plaintiff, defendant appeals. The first count is for punitive damages.
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Appeal from Escambia Circuit Court. Heard before Hou. A. E. Gamble. Action by C. W. Massingill against J. L. Edwards for setting out a fire and destroying a fence; From a judgment for plaintiff, defendant appeals. The first count is for punitive damages. The other -counts declare on simple negligence for communicating ■fire to certain property, some of which placed the negligence upon the defendant, and others upon the negligence of servants or employees of the defendant acting within the line and scope of their employment. Jernigan was introduced as a witness for the defendant, and testified…
1Opinion of the CourtPelham, J.
The two separate suits brought in the justice of the peace court by appellee were by agreement consolidated and tried as one case on one complaint in the circuit court, where judgment was rendered against appellant, from which this appeal is prosecuted. The consolidated complaint filed in the circuit court contained five counts, and the case was tried on pleas of the general issue to each of the counts. The first count of the complaint claims punitive damages, and in this count it is alleged that defendant willfully set fire to and destroyed 572 panels of the plaintiff’s rail fence. The…
2Cases cited16 opinions
- Peters v. Southern Railway Co.Supreme Court of Alabama · 1902
- Birmingham Railway & Electric Co. v. BowersSupreme Court of Alabama · 1895
- Atlanta & Birmingham A. L. Ry. v. BrownSupreme Court of Alabama · 1908
- Hammond v. StateSupreme Court of Alabama · 1906
- Vandiver & Co. v. WallerSupreme Court of Alabama · 1904
11 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Cobb v. TwitchellSupreme Court of Florida · 1926
- Jefferson Lumber Co. v. BerrySupreme Court of Alabama · 1945
- Putman v. WhiteAlabama Court of Appeals · 1920
- Central of Georgia Ry. Co. v. GriffinAlabama Court of Appeals · 1951
- Bain v. HodgesAlabama Court of Appeals · 1912
1 more not listed; retrieve them via the Exa API.