Tinney v. Central of Georgia Railway Co.
Supreme Court of Alabama
Appeal from the Circuit Court of 'Shelby. Tried before the Hon. John Pelham. This was an 'action brought by the appellant against the Central of Georgia Railway Company to recover damages for the destruction by fire of the plaintiff's saw .mill and its equipments, which fire was alleged to have been caused by sparks emitted from a passing-engine on the defendant’s railroad. The complaint contained two counts. The first count is sufficiently stated in the opinion.
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Appeal from the Circuit Court of 'Shelby. Tried before the Hon. John Pelham. This was an 'action brought by the appellant against the Central of Georgia Railway Company to recover damages for the destruction by fire of the plaintiff's saw .mill and its equipments, which fire was alleged to have been caused by sparks emitted from a passing-engine on the defendant’s railroad. The complaint contained two counts. The first count is sufficiently stated in the opinion. The second count charged that there was lying mar the saw mill of the plaintiff and upon the right of way of the defendant, some…
1Opinion of the Court
MeOLELLÁN, C. J.
The complaint contains two counts. Defendant, the railway company, demurred to each count. We are apprised of the trial court’s action on these demurrers only by the following memorandum in the transcript, apparently copied from the bench notes of the trial judge: “March 30th, 1899. Defendant’s demurrers to 1st count of plaintiff’s complaint are overruled, and defendant’s demurrers to 2nd count of complaint are sustained.” This is not a judgment. on the demurrers, and will not support assignment of error.—Blankenship v. Owens, 27 So. Rep. 974, and cases there cited.
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2Cases cited1 opinion
- Louisville & Nashville Railroad v. Marbury Lumber Co.Supreme Court of Alabama · 1899
3Cited by17 opinions
- Southern Railway Co. v. SheltonSupreme Court of Alabama · 1902
- Miller-Brent Lumber Co. v. DouglasSupreme Court of Alabama · 1910
- Southern Railway Co. v. BuntSupreme Court of Alabama · 1901
- B'ham Ry. L. & P. Co. v. NicholasSupreme Court of Alabama · 1913
- Alabama Great Southern Railroad v. Loveman Compress Co.Supreme Court of Alabama · 1916
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