Sloss-S. S. & I. Co. v. Mitchell
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by G. B. Mitchell against the Sloss-Sheffield Steel & Iron Company for damages for causing the waters of a branch to overflow and damage his land and buildings during the flood season. Judgment for plaintiff in the sum of $400, from which defendant appeals.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by G. B. Mitchell against the Sloss-Sheffield Steel & Iron Company for damages for causing the waters of a branch to overflow and damage his land and buildings during the flood season. Judgment for plaintiff in the sum of $400, from which defendant appeals. The complaint is in four counts, the amended first and second counts of which declare upon an overflow that occurred on September 28, 1906, and are identical in form, except that the second count claims punitive damages. The third and fourth counts declare upon…
1Opinion of the CourtSomebville, J.
The questions of primary importance presented on this appeal relate to the measure of plaintiff’s damages, including the elements of damage and the proper mode of their proof.
Plaintiff’s evidence tended to show that the waters of the branch overflowed upon his premises on the three occasions specified in the complaint; that the floors of *580some of the tenant houses were covered by tbe flood waters for a period of several days; that in consequence some of tbe floors, Avails, foundations, and chimneys were injured; that in September, 1906, tbe receding flood left mud and trash in some of tbe…
2Cases cited15 opinions
- Harvey v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1906
- Atlanta & Birmingham A. L. Ry. v. BrownSupreme Court of Alabama · 1908
- St. Louis, Iron Mountain & Southern Railway v. BiggsSupreme Court of Arkansas · 1889
- Sloss-Sheffield Steel & Iron Co. v. MitchellSupreme Court of Alabama · 1909
- Hall v. City of AustinCourt of Appeals of Texas · 1898
10 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Alabama Power Co. v. ThompsonSupreme Court of Alabama · 1947
- City of Huntsville v. PulleySupreme Court of Alabama · 1914
- Rountree Farm Co. v. Morgan CountySupreme Court of Alabama · 1947
- Burnett Bean v. MillerSupreme Court of Alabama · 1921
- City of Tuscaloosa v. HillAlabama Court of Appeals · 1915
22 more not listed; retrieve them via the Exa API.