108 Ala. 286 | Ala. | 1895
The second plea of defendant, setting up that the property burned was insured and that the plaintiff had collected the insurance money, &c., was withdrawn, and alie vid snce insapp )rb thereof to which plaintiff had objected was excluded from the jury by the court. We will, therefore, not consider assignments of error upon that subject.
The negligence counted on, as causing the fire, and destruction of plaintiff’s property, is the careless and negligent handling, running and operating defendant’s locomotive engine, over and along its line of road, by defendant’s servants, whereby fire was emitted from the engine and ignited and destroyed the property. It is not alleged that there was any defect or imperfection of any kind in any part of the engine or train. We have examined the evidence and are unable to find any, tending in the remotest degree, to show any act of negligence on the part of any servant engaged in operating the engine and train. Indeed, it is not pointed out in the somewhat extended written argument of appellant’s counsel, wherein any servant is supposed to have been negligent in operating it; except it is said, that a city ordinance of Troy, in which city the injury occurred, prohibited the running of trains through the city at a greater rate of speed than six miles per hour, and that he was running, at the time of passing the property which was burned, on the morning of the fire, six or eight-miles-per hour. The whole argument, aside' from this point, is, that the enginé was defective, and that that question •should have been submitted; to the jury, which could not
Affirmed.
