Corona Coal Co. v. Hooker
Supreme Court of Alabama
Appeal from Circuit Court, Walker Cbunty; J. J. Curtis, Judge. Action by John E. Hooker against the Corona Coal Company for damages to land by overflow, etc. Erom a judgment for plaintiff, defendant appeals.
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Appeal from Circuit Court, Walker Cbunty; J. J. Curtis, Judge. Action by John E. Hooker against the Corona Coal Company for damages to land by overflow, etc. Erom a judgment for plaintiff, defendant appeals. Transferred from Court of Appeals under Acts 1911, p. 450, § 6. Count 1 of the complaint is as follows: Plaintiff claims of the defendant the sum of * * * damages, for that the defendant was operating a coal mine or mines and a coal washer in connection therewith during the time of the grievances herein complained of, and is at present operating the same at or near the town of Townly,…
1Opinion of the CourtGardner, J.
The cause of action sufficiently appears by. reference to count 1 of the complaint, which will be set out in the report of the case. The second and third counts are identical with the first, with the exception of differént dates being shown concerning the overflow on the land. The cause was tried upon the joinder of general issue upon these three counts. It is to be noted that these counts show that the stream of water known as Lost creek flows through the plaintiff’s land, and that coal dust and other debris from defendant’s mine and coal washer were not placed directly into Lost creek by…
2Cases cited9 opinions
- Savannah, Americus & Montgomery Railway v. BufordSupreme Court of Alabama · 1894
- Alabama Western Railroad v. WilsonAlabama Court of Appeals · 1911
- Tutwiler Coal, Coke & Iron Co. v. NicholsSupreme Court of Alabama · 1905
- Harris v. Randolph Lumber Co.Supreme Court of Alabama · 1912
- Alabama Fuel & Iron Co. v. VaughnSupreme Court of Alabama · 1919
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Beam v. Birmingham Slag Co.Supreme Court of Alabama · 1942
- Tennessee Valley Sand & Gravel Co. v. PillingAlabama Court of Appeals · 1950
- Corona Coal Co. v. KingSupreme Court of Alabama · 1920
- Ravndal v. Northfork PlacersIdaho Supreme Court · 1939
- Corona Coal Co. v. WrightSupreme Court of Alabama · 1920
2 more not listed; retrieve them via the Exa API.