ALABAMA GREAT SOUTHERN R. CO. v. RUSSELL

6 Div. 717.

48 So.2d 239 (1949)

ALABAMA GREAT SOUTHERN R. CO. v. RUSSELL.

Court of Appeals of Alabama.

Rehearing Denied May 17, 1949.

Reversed after Remandment March 21, 1950.

Further Rehearing Denied May 23, 1950.


Attorney(s) appearing for the Case

Benners, Burr, Stokely & McKamy, of Birmingham, and Jones, Dominick & McEachin and Liston C. Bell, all of Tuscaloosa, for appellant.

Jas. J. Mayfield, of Tuscaloosa, for appellee.


HARWOOD, Judge.

Charles Russell, plaintiff below, gained a verdict and judgment in the amount of $800 in a suit against the Alabama Great Southern Railroad Company. The complaint claimed damages because of defendant's action in negligently permitting combustible material to accumulate on its right of way, which material was ignited by fire escaping from one of defendant's locomotives. As a proximate result of the negligence of the defendant a large amount of timber...

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