50 So. 940 | Ala. | 1909
— This was an action by the appelleeinsurance company against appellant, (defendant) railroad company to recover damages for. the destruction, of a warehouse and a. lot of cotton alleged to have been ignited by fire emitted from defendant’s locomotive.. The property destroyed was insured by appellee to various owners, against loss by fire. After the loss the-insurance company, paid the losses to the insured,- in accordance with its contracts, tailing assignment and. transfer of their respective claims, and thereupon sued appellant, in its own name, for negligently causing the-loss by fire. The defendant demurred to the complaint, but its demurrers were stricken from the file, on plaintiff’s motion, because not filed within time. Trial was-had, which resulted in a verdict for plaintiff for one-cent. This verdict and judgment was set aside, on plaintiff’s motion and a new trial awarded. From the-judgment and order setting aside the verdict and awarding a new trial, defendant appeals.
It is insisted that the order setting aside the verdict, was error, for that the plaintiff could not maintain the-
We see no reason for disturbing the order or judgment of the trial court in awarding a new tidal, and the judgment is affirmed.
Affirmed.