Sudduth v. Central of Georgia Ry. Co.
Supreme Court of Alabama
Appeal from Circuit Court, Lee Comity; Lum Duke, Judge. Action by C. J. Suddutli against the Central of Georgia Railway Company in trespass and 'on the case. Judgment for defendant, and plaintiff appeals.
1Opinion of the Court
ANDERSON, O. J.
This is the second appeal in this case. 73 South. 28. Upon the second trial the case was tried upon counts 7, 8, 9, and 10, and which were added after the first trial, and after the reversal of the cause upon the former appeal. Count 7 is for trespass, while counts 8, 9, and 10 are in case.
[1] The plaintiff, in order to have recovered under the trespass count, had to show a prior possession of the land upon which the side track was laid, actual or constructive. There was no proof of an actual possession hy the plaintiff, though he contends that he had the constructive…
2Cases cited13 opinions
- Miller v. MarxSupreme Court of Alabama · 1876
- Southern Bell Telephone Co. v. FrancisSupreme Court of Alabama · 1895
- City of Demopolis v. WebbSupreme Court of Alabama · 1888
- Ashford v. AshfordSupreme Court of Alabama · 1902
- Hamilton v. Alabama Power Co.Supreme Court of Alabama · 1915
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Smith v. StateSupreme Court of Alabama · 1955
- Associates Capital Corp. v. Bank of HuntsvilleCourt of Civil Appeals of Alabama · 1973
- Federal Land Bank v. DavisSupreme Court of Alabama · 1934
- City of Birmingham v. KircusAlabama Court of Appeals · 1924
- Brock v. StateSupreme Court of Alabama · 1938
3 more not listed; retrieve them via the Exa API.