Horton v. Louisville & Nashville R. R.
Supreme Court of Alabama
Appeal from Conecuh Circuit Court. Heard, before Hou. J. C. Richardson. Action by W. K. Horton against the Louisville & Nashville Railroad Company for the destruction of cotton by fire set by a locomotive. Prom a judgment for defendant, plaintiff appeals. The objections to evidence are sufficiently stated in the opinion of the court.
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Appeal from Conecuh Circuit Court. Heard, before Hou. J. C. Richardson. Action by W. K. Horton against the Louisville & Nashville Railroad Company for the destruction of cotton by fire set by a locomotive. Prom a judgment for defendant, plaintiff appeals. The objections to evidence are sufficiently stated in the opinion of the court. The following charges, given at the request of the defendant, are assigned as error: (D) “The court charges the jury that, notwithstanding the fact that they might be reasonably satisfied from the evidence that the engine of the defendant was throwing sparks in…
1Opinion of the CourtDowdell, C. J.
The preliminary motion of appellant, here made, to expunge certain erasures from the bill of exceptions as contained in the record, cannot be entertained. It clearly appears that the said erasures *111were made by the presiding judge, who signed the bill of exceptions, and before he signed the same as such. If the bill of exceptions as presented by the appellant to the judge for signing by him was a true and correct bill, and the judge failed or refused to sign the same as presented, the appellant’s remedy, under the statute, was to establish his bill in this court on proper proceedings under the…
2Cases cited5 opinions
- Louisville & Nashville Railroad v. Marbury Lumber Co.Supreme Court of Alabama · 1899
- Louisville & Nashville Railroad v. ReeseSupreme Court of Alabama · 1888
- Tuskaloosa Cotton-Seed Oil Co. v. PerrySupreme Court of Alabama · 1887
- Birmingham Railway Light & Power Co. v. MartinSupreme Court of Alabama · 1906
- White v. Craft & Co.Supreme Court of Alabama · 1890
3Cited by9 opinions
- Alabama Power Company v. ScholzSupreme Court of Alabama · 1968
- Sieben v. TorreySupreme Court of Alabama · 1949
- Moulton v. StateAlabama Court of Appeals · 1923
- Claude Jones & Son v. LairSupreme Court of Alabama · 1944
- Alabama G. S. R. R. v. Davenport & Co.Supreme Court of Alabama · 1916
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