Lindsey v. Southern Ry. Co.
Supreme Court of Alabama
Appeal from Lawrence Circuit Court. Heard before Hon. A. H. Alston. Action by Sarah E. Lindsey against the Southern Railway Company. Judgment for defendant, and plaintiff appeals.
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Appeal from Lawrence Circuit Court. Heard before Hon. A. H. Alston. Action by Sarah E. Lindsey against the Southern Railway Company. Judgment for defendant, and plaintiff appeals. The complaint as originally filed was as follows: “Plaintiff claims of the defendant the sum of one thous- and dollars, for that, whereas, during the latter part of the year 1302 she owned the following described real estate, in the county of Lawrence, in the state of Alabama: (Here follows a description of the land.) That during said time the defendant has owned and operated a railroad track and roadbed adjacent to…
1Opinion of the Court
HARALSON, J. —
The original complaint alleges in substance that the defendant cut and maintained a. ditch on and along its right of way leading into a certain creek, that because of same, the Avaters from the creek in times of high water flow west along the ditch in great torrents and,, making its way through openings under defendant’s track, overflows plaintiff’s lands; that such Avaters did not overflow the lands before the digging of the ditch, and that the waters so thrown back on plaintiff’s land caused the injury complained of to her damage, etc.
The action is in case for damages caused…
2Cases cited4 opinions
- Hughes v. AndersonSupreme Court of Alabama · 1880
- Savannah, Americus & Montgomery Railway v. BufordSupreme Court of Alabama · 1894
- Savage v. SmithSupreme Court of Alabama · 1902
- Gulf Red Cedar Co. v. WalkerSupreme Court of Alabama · 1902
3Cited by10 opinions
- Alabama Western Railroad v. WilsonAlabama Court of Appeals · 1911
- Gulf States Steel Co. v. LawSupreme Court of Alabama · 1932
- Nashville, C. & St. L. Ry. v. YarbroughSupreme Court of Alabama · 1915
- Mobile O. R. Co. v. Red Feather Coal Co.Supreme Court of Alabama · 1928
- Corona Coal Co. v. HookerSupreme Court of Alabama · 1920
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