Alabama Great Southern Railroad v. Taylor
Supreme Court of Alabama
Appeal, from tbe Circuit Court of Greene. Tried before the 1-Ion. John C. Anderson. This action was brought by the appellee, Mary E. Taylor, against the Alabama Great Southern Railroad Company.
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Appeal, from tbe Circuit Court of Greene. Tried before the 1-Ion. John C. Anderson. This action was brought by the appellee, Mary E. Taylor, against the Alabama Great Southern Railroad Company. The complaint contained two counts, which were in Avoids and figures as folloAVS: 1. “The plaintiff claims of the defendant seventy-five dollars, damages, Avhich damages were caused by fire from the engine operated by defendant, vdiereby said sum of seventy-five dollars damages were caused by said defendant td said plaintiff by reason of said fire, whereby said plaintiff’s corn (‘rib or building was…
1Opinion of the CourtSharpe, J.
The complaint was not subject to the demurrer.
The report made to the defendant by its engineer was prima, fade not evidence for either party.—Culver v. Ala. Mid. R. Co., 108 Ala. 330. That it might have been used to contradict the engineer if he had denied its contents did not bring it within section 1859 of the Code which provides for compelling the production of writing’s “pertinent to the issue.”. Apparently in giving and refusing instructions to the jury the trial court proceeded on the theory that the fact, if established, that defendant’s engine communicated fire to the plaintiff’s…
2Cases cited4 opinions
- Louisville & Nashville Railroad v. Marbury Lumber Co.Supreme Court of Alabama · 1899
- Louisville & Nashville Railroad v. ReeseSupreme Court of Alabama · 1888
- Culver v. Alabama Midland Railway Co.Supreme Court of Alabama · 1895
- Louisville & Nashville Railroad v. MillerSupreme Court of Alabama · 1895
3Cited by21 opinions
- Alabama City G. & A. Ry. Co. v. AppletonSupreme Court of Alabama · 1911
- Atchison, Topeka & Santa Fe Railway Co. v. GeiserSupreme Court of Kansas · 1904
- Worth v. WorthWyoming Supreme Court · 1935
- St.Louis & S. F. R. R. v. SuttonSupreme Court of Alabama · 1910
- Ex Parte HartSupreme Court of Alabama · 1941
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