Farrow v. Nashville, Chattanooga & St. Louis Railway
Supreme Court of Alabama
Appeal from the Circuit Court of Marshall. Tried before the Hon. John B. Tally. This action was brought by the appellants, Thomas L. Farrow and others, against the appellee, the Nashville, Chattanooga & St. Louis Railway, to recover the statutory penalty for destroying trees upon lands alleged to be owned by the plaintiffs. The case was tried upon issue joined upon the plea ol the general issue.
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Appeal from the Circuit Court of Marshall. Tried before the Hon. John B. Tally. This action was brought by the appellants, Thomas L. Farrow and others, against the appellee, the Nashville, Chattanooga & St. Louis Railway, to recover the statutory penalty for destroying trees upon lands alleged to be owned by the plaintiffs. The case was tried upon issue joined upon the plea ol the general issue. Both parties claimed the land in question under one Thomas Hale, who was the owner of it in the year 1858. The plaintiff deraigned title through mesne conveyance from the purchaser at a sale of the…
1Opinion of the CourtMcCLELLAN, J.
The testimony of the plaintiff Farrow, when being cross examined as a witness for the plaintiffs as to the extent to which the old road bed had been cleared prior to the cutting of the trees iuvolved here, was relevant on the inquiry of abandonment, especially as the clearing as to which he deposed extended back to and connected with that part of the road which had been completed many years before ; and the further fáct that he "knew they were clearing off the old right of way and had heard that the road was being constructed before the trees in question were cut” was, we think, proper to go…
2Cases cited4 opinions
- Jones v. HaglerSupreme Court of Alabama · 1891
- Huckabee v. ShepherdSupreme Court of Alabama · 1883
- Rogers v. BrooksSupreme Court of Alabama · 1894
- Tennessee & Coosa Railroad v. TaylorSupreme Court of Alabama · 1893
3Cited by7 opinions
- Hunnicutt v. HigginbothamSupreme Court of Alabama · 1903
- Burgess & Co. v. BlakeSupreme Court of Alabama · 1900
- Birmingham-Trussville Iron Co. v. Allied Engineers, Inc.Supreme Court of Alabama · 1932
- Davis v. ArnoldSupreme Court of Alabama · 1904
- Hammond v. BlueSupreme Court of Alabama · 1902
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