Alabama & Vicksburg Railway Co. v. Aetna Insurance

Citations

• 82 Miss. 770

Syllabus

<p>1. Railboads. Fines. Storage of cotton near track. Contributory negligence.</p> <p>Tbe storage of cotton bales in rows, tier above tier, with a passage way between tbe rows, ninety feet from a railroad track, tarpaulins being spread over tbe bales, but leaving part of tbe cotton near tbe ground unprotected, does not constitute such contributory negligence as will defeat the owner’s recovery from the railroad company for the negligent burning of the cotton.</p> <p>2. Same. Evidence. Escape of sparks. Other engines. Other times.</p> <p>In an action against a railroad company for tbe negligent burning of property, claimed to bave been ignited by sparks escaping front defendant’s locomotives, evidence of tbe emission of sparks from other of defendant's locomotives, within a reasonable time before and after the starting of tbe fire in question, is admissible.</p> <p>3. Same.</p> <p>Alabama, etc., Ry. Co. vs. Fried, 81 Miss., 314, a suit for damages resulting from the same fire as the one involved in these cases explained.</p>