Louisville & Nashville Railroad v. Miller
Supreme Court of Alabama
Appeal from the Circuit Court of Morgan. Tried before the Hon. H. C. Speake. The opinion sufficiently states the pleadings in this case and the tendencies of the evidence offered by the plaintiff.
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Appeal from the Circuit Court of Morgan. Tried before the Hon. H. C. Speake. The opinion sufficiently states the pleadings in this case and the tendencies of the evidence offered by the plaintiff. The defendant introduced evidence tending to show that the engine which passed shortly before the fire was discovered was equipped with suitable appliances for preventing the escape of sparks, and that on that occasion it was being carefully handled by an experienced and competent engineer. Joseph Wheeler, an employe of the defendant, testified as to an examination of said engine by him a few days…
1Opinion of the CourtMcCLELLAN, J.
The complaint in this case claims damages in the sum of one hundred and fifty dollars “caused by fire from the engines operated by the defendant, whereby said sum of $150 damages was caused by said defendant to said plaintiff by reason of said fire, whereby said plaintiff’s fence was destroyed and damaged, also the well house was wholly destroyed, all caused by the negligence of defendant, and by reason of said fire said plaintiff was damaged to the amount of said sum of $150, &c., &c. The defendant pleaded the general issue. We do not understand the averment, such as it is, of negligence in…
2Cases cited2 opinions
- Louisville & Nashville Railroad v. ReeseSupreme Court of Alabama · 1888
- Richmond & Danville Railroad v. MedleySupreme Court of Virginia · 1881
3Cited by15 opinions
- Louisville & Nashville Railroad v. Marbury Lumber Co.Supreme Court of Alabama · 1899
- Alabama Great Southern Railroad v. JohnstonSupreme Court of Alabama · 1900
- Alabama Great Southern Railroad v. TaylorSupreme Court of Alabama · 1900
- Southern Railway Co. v. Stonewall InsuranceSupreme Court of Alabama · 1912
- Southern Railway Co. v. Kendall & Co.Alabama Court of Appeals · 1915
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