Legal Opinion

Western Union Telegraph Co. v. Dickens

Supreme Court of Alabama

Decided June 6, 1906PublishedCited by 5 opinions

Damages foo~ Trespass- to Realty. Arpead from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. The complaint in this case originally contained one count, and it was amended by adding the second count.

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Damages foo~ Trespass- to Realty. Arpead from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. The complaint in this case originally contained one count, and it was amended by adding the second count. It is in words as follows: “Plaintiffs claim of the defendant corporation one thousand dollars ($1,000.00)) damages for a trespass by the defendant upon the property of' plaintiff, a description of which is hereto attached, marked ‘Ex-bibit A/ and made a part hereof, that portion of the same which lies adjacent to the roadbed of the Southern Bailway Company, and which said lands belong…

1Opinion of the CourtAnderson, J.

— The demurrer to the second count of the complaint was properly overruled, as it sufficiently described the premises.—Jean v. Sandiford, 39 Ala. 317; Bessemer Land Co. v. Jenkins, 111 Ala. 135, 18 South. 565, 56 Am. St. Rep. 26.

The demurrers to special pleas were properly sustained. The facts set up in the fifth plea, which was but a repitition of the third and fourth pleas in a. more ' extensive and minute way, could not operate as a justification of the trespass. We do not understand that facts which would not justify a trespass, but which would go in mitigation of damages, should be…

2Cases cited3 opinions

  1. Bessemer Land & Improvement Co. v. JenkinsSupreme Court of Alabama · 1895
  2. Mitchell v. BillingsleySupreme Court of Alabama · 1850
  3. Jean v. SandifordSupreme Court of Alabama · 1864

3Cited by5 opinions

  1. Howton v. MathiasSupreme Court of Alabama · 1916
  2. Coleman v. PepperSupreme Court of Alabama · 1909
  3. Climer v. St. Clair County Telephone Co.Supreme Court of Alabama · 1917
  4. Jackson v. BohlinAlabama Court of Appeals · 1917
  5. Newell v. WebbAlabama Court of Appeals · 1923

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