Southern Railway Co. v. Darwin
Supreme Court of Alabama
Appeal from Jackson Circuit Court. Heard before Hon. W. W. Haralson, Action by J. W. Darwin and another against the Southern Railway Company for damages for the destruction of property by fire. From a judgment for plaintiffs, defendant appeals.
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Appeal from Jackson Circuit Court. Heard before Hon. W. W. Haralson, Action by J. W. Darwin and another against the Southern Railway Company for damages for the destruction of property by fire. From a judgment for plaintiffs, defendant appeals. The cause was tried upon counts 3 and 4, which allege simple negligence and the destruction of the property therein described by means of fire negligently communicated from one of the locomotives being operated by defendant on its said railroad. The second special plea alleges the proximity of the gin house to the railroad, and the contributory…
1Opinion of the CourtAnderson, J.
“The preferable doctrine appears to be that the owner of premises near or contiguous to a railroad right of way is not bound to anticipate negligence on the part of the railroad, and, by way of prevention, to malte provision against the communication of fire. Such proprietors in general owe no duty to railroad companies in this respect, and hence negligence, in its legal sense, can rarely be imputed to them. The rule in this connection, as most frequently expressed, is that the owner of property near or through which a railroad passes is entitled to use it in any natural and lawful manner,…
2Cases cited7 opinions
- Jacksonville, Tampa & Key West Railway Co. v. Peninsular Land, Transportation & Manufacturing Co.Supreme Court of Florida · 1891
- Louisville & Nashville Railroad v. Marbury Lumber Co.Supreme Court of Alabama · 1899
- Alabama Great Southern Railroad v. ClarkSupreme Court of Alabama · 1902
- Louisville & Nashville Railroad v. MaloneSupreme Court of Alabama · 1897
- Alabama Great Southern Ry. Co. v. SandersSupreme Court of Alabama · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Ide v. Boston & Maine RailroadSupreme Court of Vermont · 1909
- Louisville & Nashville R. R. v. SmithSupreme Court of Alabama · 1909
- McCary v. Ala. Gt. South. R. R.Supreme Court of Alabama · 1913
- Southern Railway Co. v. SladeSupreme Court of Alabama · 1915
- Alabama G. S. R. R. v. Davenport & Co.Supreme Court of Alabama · 1916
3 more not listed; retrieve them via the Exa API.