Tennessee Coal, Iron R. Co. v. Franklin
Alabama Court of Appeals
Appeal from Circuit Court, Jefferson Count ty; J. C. B. Gwin, Judge. Action by Joseph Eranklin against the Tennessee Coal, Iron & Railroad Company. Judgment for the plaintiff, and defendant appeals.
1Opinion of the CourtBricken, J.
This was an action by the appellee, who was the owner of certain lands in Jefferson county, against the appellant, for injury done to his land and crops by reason of the fact that the appellant deposited substances in a creek which flowed through ■ appellant’s land and caused the, lands to overflow. The complaint consisted of only one- count.
The complaint was sufficient, and was not subject to the demurrers/interposed. Tenn. Coal & Iron R. R. Co. v. Hamilton, 100 Ala. 252, 14 South. 167, 46 Am. St. Rep. 48.
[1] There was no error in the refusal of the court to give the affirmative charge…
2Cases cited2 opinions
- Tennessee Coal, Iron & Railroad v. HamiltonSupreme Court of Alabama · 1893
- Birmingham Railway L. &. P. Co. v. CampSupreme Court of Alabama · 1909
3Cited by3 opinions
- Howell v. City of DothanSupreme Court of Alabama · 1937
- Atlantic Coast Line Railroad Company v. BarganierSupreme Court of Alabama · 1956
- Ex Parte FranklinSupreme Court of Alabama · 1919