Buckalew v. Lusk
Supreme Court of Alabama
Appeal from Lamar Circuit Court. Heard before Hon. Bernard Harwood. Action by Mrs. L. E. Buckelew against James W. Lusk and others, receivers of the St. Louis & San Francisco Railroad Company. Judgment for deféndant, and plaintiff appeals.
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Appeal from Lamar Circuit Court. Heard before Hon. Bernard Harwood. Action by Mrs. L. E. Buckelew against James W. Lusk and others, receivers of the St. Louis & San Francisco Railroad Company. Judgment for deféndant, and plaintiff appeals. Suit by appellant against appellee for recovery of damages caused by the flooding of a residence lot by water alleged to have been backed upon the premises from a waterway the natural course of which was changed by the construction of defendant’s roadbed. Plaintiff alleged that she was the owner of certain lots in the town of Sulligent, Ala., on which her…
1Opinion of the CourtGardner, J.
The evidence for the plaintiff tended to show that prior to the construction of the defendant railroad there was a stream running on the east side of her property, which served as a natural drainage for both usual and heavy rainfall, through which the water in its natural flow passed down beyond where the railroad is now situated and into what is known as Beaver Creek.
The evidence further tended to show that before the construction of the railroad this natural drainage was sufficient to take off the water, but that by the construction of the roadbed and the embankment caused from the building…
2Cases cited8 opinions
- Savannah, Americus & Montgomery Railway v. BufordSupreme Court of Alabama · 1894
- Southern Railway Co. v. LewisSupreme Court of Alabama · 1910
- Alabama Western Railroad v. WilsonAlabama Court of Appeals · 1911
- Central of Georgia Railway Co. v. WindhamSupreme Court of Alabama · 1899
- Wilson v. StateSupreme Court of Alabama · 1916
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3Cited by2 opinions
- McEntire v. McEntireSupreme Court of Alabama · 1925
- Weakley v. HenrySupreme Court of Alabama · 1920