Louisville & Nashville Railroad v. Hill
Supreme Court of Alabama
Appeal from the Circuit Court of Limestone. Tried before the Hon."IT. C. Speake. This action was brought by the appellees against the appellant, the Louisville & Nashville Railroad Company. There were sis parties plaintiff, five of Avhom sued by their next friend, Emma K. Hill, their mother.
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Appeal from the Circuit Court of Limestone. Tried before the Hon."IT. C. Speake. This action was brought by the appellees against the appellant, the Louisville & Nashville Railroad Company. There were sis parties plaintiff, five of Avhom sued by their next friend, Emma K. Hill, their mother. The complaint sought to recover from defendant the penalty given by section 3296 of the Code of 1886 for Avillfully and knowingly, Avithout the consent of the plaintiffs, cutting doAvn and destroying certain trees, designating the number, character and kind of trees. The defendant pleaded the general…
1Opinion of the CourtHaralson, J.
It is not pretended that the defendant railroad company had ever condemned, paid for or had a grant of land in any form, for its right-of-way at the point, where the timber grew, for the alleged cutting and destruction of which this suit was brought. Its road-bed is held alone by prescriptive right.
The plaintiffs are the children and only heirs at law of John W. Hill, who died intestate in March, 1894, and administration on his estate was granted to Edgar .Smith in May following. He was the undisputed owner of the land at the date of his death. He bought the lot, as appears, in 1888, and he,…
2Cases cited17 opinions
- Roberge v. BurnhamMassachusetts Supreme Judicial Court · 1878
- Banks v. SpeersSupreme Court of Alabama · 1892
- Evans v. Savannah & Western Railway Co.Supreme Court of Alabama · 1890
- Allison v. LittleSupreme Court of Alabama · 1890
- O'Connell v. O'LearyMassachusetts Supreme Judicial Court · 1887
12 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Eagle Iron Co. v. BaughSupreme Court of Alabama · 1906
- White, McLane & Morris v. FarrisSupreme Court of Alabama · 1899
- Powell v. LabrySupreme Court of Alabama · 1923
- United States v. Illinois Cent. R.Court of Appeals for the Sixth Circuit · 1909
- Ex Parte Great Am. Surplus Lines Ins. Co.Supreme Court of Alabama · 1989
17 more not listed; retrieve them via the Exa API.