Alabama G. S. R. R. v. Davenport & Co.
Supreme Court of Alabama
Appeal from DeKalb Circuit Court. Heard before Hon. W. W. Haralson. E. T. Davenport & Company sued the Alabama Great Southern Railroad Co. for damages for setting out fire. Judgment for defendant, which, upon motion was set aside, and plaintiff granted a new trial, and defendant brings this appeal.
1Opinion of the CourtSomerville, J.
On the trial in the court below the plaintiff’s evidence had some tendency to show, however weak the conclusion must have been, that sparks from a particular locomotive operated by the defendant set fire to his storehouse, about 110 or 120 feet from the track, and caused its destruction. Several of plaintiff’s witnesses testified that when the engine, with its train, passed the vicinity of the storehouse, it emitted sparks unusual in size and quantity.
The defendant’s evidence showed that the engine in question was properly constructed, properly equipped with a spark arrester of standard…
2Cases cited27 opinions
- Louisville & Nashville Railroad v. Marbury Lumber Co.Supreme Court of Alabama · 1899
- Alabama Great Southern Railroad v. JohnstonSupreme Court of Alabama · 1900
- Miller-Brent Lumber Co. v. DouglasSupreme Court of Alabama · 1910
- Louisville & Nashville Railroad v. ReeseSupreme Court of Alabama · 1888
- Louisville & Nashville Railroad v. MaloneSupreme Court of Alabama · 1895
22 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- City of Bessemer v. ClowdusSupreme Court of Alabama · 1954
- Alabama Great Southern Railroad v. Loveman Compress Co.Supreme Court of Alabama · 1916
- Jones v. HinesSupreme Court of Alabama · 1920
- Pettus v. Louisville N. R. Co.Supreme Court of Alabama · 1925
- Central of Georgia Ry. Co. v. WilsonSupreme Court of Alabama · 1927
7 more not listed; retrieve them via the Exa API.