Ala. Midland Railway Co. v. Coskry
Supreme Court of Alabama
Appeal from the Circuit Court of Bike. Tried before the Hon. John B. Hubbard. This action was brought by the appellee, Rhoda V. Coskry, against, the Alabama Midland Railroad Company and the Alabama Terminal Upon the evidence as adduced, the defendants requested the general affirmative charge for the defendants collectively, and then the general affirmative charge for each one of them, separately.
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Appeal from the Circuit Court of Bike. Tried before the Hon. John B. Hubbard. This action was brought by the appellee, Rhoda V. Coskry, against, the Alabama Midland Railroad Company and the Alabama Terminal Upon the evidence as adduced, the defendants requested the general affirmative charge for the defendants collectively, and then the general affirmative charge for each one of them, separately. The court refused to give each, and the defendants duly excepted to each refusal. There were verdict and judgment for the plaintiff. The defendants prosecute this appeal, and assign the various…
1Opinion of the CourtStone, C. J.
The present suit is against the Alabama Midland Railway Company, and the Alabama Terminal & Improvement Company. The complaint of plaintiff is, that in grading streets in the city of Troy, Alabama, with the view of constructing the Alabama Midland Railway through said city, the streets bordering plaintiff’s lot were so excavated, as to damage her property materially. • The charge is, that the street *256in front of her lot and residence was excavated to the depth of some three feet, and the street in the rear to the depth off seven or eight leet. The tendency of the testimony was, that the…
2Cases cited5 opinions
- City Council of Montgomery v. MaddoxSupreme Court of Alabama · 1889
- City Council v. TownsendSupreme Court of Alabama · 1886
- City Council of Montgomery v. TownsendSupreme Court of Alabama · 1887
- Pensacola Railroad v. SchafferSupreme Court of Alabama · 1884
- Street v. KellySupreme Court of Alabama · 1880
3Cited by8 opinions
- Lamar v. KingSupreme Court of Alabama · 1910
- Brent v. BaldwinSupreme Court of Alabama · 1909
- Alesko v. Union Pacific RailroadIdaho Supreme Court · 1941
- City of Birmingham v. CorrSupreme Court of Alabama · 1934
- Hunter v. City of MobileSupreme Court of Alabama · 1943
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