Roundtree v. Brantley
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Heard before the Hon. Nat. Cooe. The complaint in this case, as amended, was as follows : “ Joseph J. lioundtree v The plaintiff claims of the de-vs. Vfendant $26,000 damages, for John Brantley.
Read the full summary
Appeal from the Circuit Court of Dallas. Heard before the Hon. Nat. Cooe. The complaint in this case, as amended, was as follows : “ Joseph J. lioundtree v The plaintiff claims of the de-vs. Vfendant $26,000 damages, for John Brantley. J this: That said plaintiff, on the — day of-, was possessed of a certain close, lying and being in said county of Dallas; and while plaintiff was so possessed, the said defendant, on the — day of-, cut a certain ditch, by which' the waters from adjacent and circumjacent lands were turned into and across a certain stream or creek in said county, called ‘ Blue…
1Opinion of the CourtA. J. Walker, C. J.
The gravamen of the complaint is, that the defendant caused a sand-bank to be formed in a creek, by digging a ditch, in which the sand was washed down into the creek, and that the sand-bank thus formed clammed up the water, and caused the inundation of contiguous lands ot the plaintiff, a super-riparian proprietor. The subject of complaint is the formation of the sand-bank, and consequential overflow.
The second and third pleas interpose as a defense the length of time which had elapsed since the cutting of the ditch, and that if any dam was created, it resulted from the accustomed flow of…
2Cases cited2 opinions
- Ricard v. WilliamsSupreme Court of the United States · 1822
- Brown v. CockerellSupreme Court of Alabama · 1858
3Cited by37 opinions
- Jongeward v. BNSF Railway Co.Washington Supreme Court · 2012
- Howell v. City of DothanSupreme Court of Alabama · 1937
- Buehrer v. Provident Mutual Life Ins.Ohio Supreme Court · 1931
- Sloss-Sheffield Steel & Iron Co. v. MitchellSupreme Court of Alabama · 1909
- Polly v. McCallSupreme Court of Alabama · 1860
32 more not listed; retrieve them via the Exa API.