Louisville & Nashville R. R. v. Smith
Supreme Court of Alabama
.Appeal from Limestone Circuit Court. Tried before the ITou. Osceola Kyle. This action Avas brought by the appellee, Elizabeth Smith, against the Louisville & Nashville Railroad Company, to recover damages for the alleged wilful, wanton and malicious trespass upon lands belonging to the plaintiff; the' damages claimed in the complaint being $1999. The trespass complained of was the cutting of a ditch over part of the lands, which abutted upon and adjoined the railroad track…
Read the full summary
.Appeal from Limestone Circuit Court. Tried before the ITou. Osceola Kyle. This action Avas brought by the appellee, Elizabeth Smith, against the Louisville & Nashville Railroad Company, to recover damages for the alleged wilful, wanton and malicious trespass upon lands belonging to the plaintiff; the' damages claimed in the complaint being $1999. The trespass complained of was the cutting of a ditch over part of the lands, which abutted upon and adjoined the railroad track occupied by the defendant. The defendant pleaded the general issue and a special plea, No. 2, in which it set up the…
1Opinion of the CourtShaiipe, J.
In the statement of facts agreed on it is recited that plaintiff “and those; through whom she claims, have been and were at the time of the said alleged trespass and for twenty years prior thereto, exercising acts of ownership and control by cultivation and otherwise, under claim of right and ownership, of the premises on which the said alleged trespass is charged to have been committed, and up to the foot of the embankment. of the railroad track.” By a witness it was shown that plaintiff’s husband to whose possession she succeeded occupied the land from about 1850 until his death-in 1884,…
2Cases cited8 opinions
- Ala. Great Southern Railroad v. SellersSupreme Court of Alabama · 1890
- Hicks Bros. v. Swift Creek Mill Co.Supreme Court of Alabama · 1901
- Stein v. BurdenSupreme Court of Alabama · 1854
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1901
- Hendrix v. Southern Railway Co.Supreme Court of Alabama · 1900
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Maring-Crawford Motor Co. v. SmithSupreme Court of Alabama · 1970
- Rushing v. Hooper-McDonald, Inc.Supreme Court of Alabama · 1974
- Pihakis v. CottrellSupreme Court of Alabama · 1971
- Foust v. KinneySupreme Court of Alabama · 1918
- Hall Oil Co. v. BarquinWyoming Supreme Court · 1925
13 more not listed; retrieve them via the Exa API.