Southern Railway Co. v. Plott
Supreme Court of Alabama
Appeal from the Circuit Court of Lamar. Tried before the Hon. S. H. Spuott. This action was brought by the appellee, W. H. Plott, against the Southern Railway Company, and sought to recover damages for injuries to a stock of goods owned by the plaintiff, which was caused by an overflow, which flooded the plaintiff’s store wherein the goods were, and which was alleged to have been occasioned by an embankment contracted by the defendant across a creek.
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Appeal from the Circuit Court of Lamar. Tried before the Hon. S. H. Spuott. This action was brought by the appellee, W. H. Plott, against the Southern Railway Company, and sought to recover damages for injuries to a stock of goods owned by the plaintiff, which was caused by an overflow, which flooded the plaintiff’s store wherein the goods were, and which was alleged to have been occasioned by an embankment contracted by the defendant across a creek. The complaint contained two counts. In the first •count the negligence alleged was that the defendant in constructing a trestle across a creek,…
1Opinion of the CourtSharpe, J.
In tlie construction and maintenance of railroads common prudence requires that employment of at least ordinary engineering knowledge and skill to the end of avoiding injury to property which will probably come from the obstruction of natural streams and waterways. While those engaged in such undertaking are not bound to provide against floods of -which the usual course of nature affords no premonition, yet they are bound to use ordinary care to build so as not to obstruct to the damage of others, rainfalls such as may reasonably be expected whether they are likely to be of frequent or of…
2Cases cited4 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. PomeroyTexas Supreme Court · 1887
- Dickson v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1880
- Columbus & Western Railway Co. v. BridgesSupreme Court of Alabama · 1888
- Conhocton Stone R. v. . B., N.Y. E.R.R. Co.New York Court of Appeals · 1873
3Cited by12 opinions
- City of Newport v. SchmitCourt of Appeals of Kentucky · 1921
- Gulf States Steel Co. v. LawSupreme Court of Alabama · 1932
- Sloss Sheffield Steel & Iron Co. v. MitchellSupreme Court of Alabama · 1909
- Patterson v. StateSupreme Court of Alabama · 1932
- Southern Ry. Co. v. LeardSupreme Court of Alabama · 1905
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