Southern Railway Co. v. Slade
Supreme Court of Alabama
Appear from Washington Circuit Court. Heard before Hon. John T. Backhand. Action by James B. Slade against the Southern Railway Company for damages for setting out fire. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under section 6, Acts 1911, p. 450/ Count 1 as amended charges negligence in permitting combustible material to remain on the right of way. Count 2 charges a defect in the - locomotive for Avant of a spark arrester.
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Appear from Washington Circuit Court. Heard before Hon. John T. Backhand. Action by James B. Slade against the Southern Railway Company for damages for setting out fire. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under section 6, Acts 1911, p. 450/ Count 1 as amended charges negligence in permitting combustible material to remain on the right of way. Count 2 charges a defect in the - locomotive for Avant of a spark arrester. Count 3 charges the negligent operation of the locomotive. While count 4 charges negligence in its construction. Special pleas A and…
1Opinion of the CourtSomerville, J.
(1-3) In an action against a railroad company for negligently setting fire to property near its right of way by sparks emitted from an engine which is deficiently constructed or equipped, or improperly operated, a plea of contributory negligence, based upon the property or premises injured as promotive of the fire, is no defense. — So. Ry. Co. v. Darwin, 156 Ala. 311, 47 South. 314, 140 Am. St. Rep. 94; L. & N. R. R. Co. v. Marbury Lbr. Co., 125 Ala. 237, 260, 28 South. 438, 50 L. R. A. 620. The proper mode of elimination, however, is by demurrer, and it is error to sustain a motion to strike…
2Cases cited15 opinions
- Louisville & Nashville Railroad v. Marbury Lumber Co.Supreme Court of Alabama · 1899
- Wall v. PlattMassachusetts Supreme Judicial Court · 1897
- Alabama Great Southern Railroad v. JohnstonSupreme Court of Alabama · 1900
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- Alabama Great Southern Railroad v. ClarkSupreme Court of Alabama · 1902
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- Melvin v. ScowleySupreme Court of Alabama · 1925
- Alabama G. S. R. R. v. Davenport & Co.Supreme Court of Alabama · 1916
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