Jones v. Woodward Iron Co.
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; J. C. B. Gwin, Judge. Action by Leo Jones and others against the Woodward Iron Company. From a judgment in their favor for $1, plaintiffs appeal. Transferred from Court of Appeals under section 6, p. 450, Acts 1911.
1Opinion of the CourtMcCLELLAN, J.
Action by appellants, lower riparian owners, against the appellee for damages resulting to the land of the appellants from the pollution of a stream, the course of which is through appellants’ property. The plaintiffs recovered a judgment for $1. The general issue alone was pleaded;
[1] Where, as here, the appeal is from a judgment in favor of the appellant, the review will not include questions pertaining alone to the right to recover; the judgment having concluded such inquiries. Randle v. B. R., L. & P. Co., 169 Ala. 314, 318, 53 South. 918.
[2] At the request of the defendant the court gave…
2Cases cited5 opinions
- Wilkinson v. SearcySupreme Court of Alabama · 1884
- Randle v. Birmingham Railway, Light & Power Co.Supreme Court of Alabama · 1910
- Tennessee Coal, Iron & Railroad v. HamiltonSupreme Court of Alabama · 1893
- Alabama Great Southern Railroad v. RobinsonSupreme Court of Alabama · 1913
- Jones v. Tennessee Coal, Iron R. Co.Supreme Court of Alabama · 1918
3Cited by6 opinions
- Austin v. Tennessee Biscuit Co.Supreme Court of Alabama · 1951
- Sturdivant v. CrawfordSupreme Court of Alabama · 1940
- Cocke v. EdwardsSupreme Court of Alabama · 1926
- Mobile Electric Co. v. NelsonSupreme Court of Alabama · 1923
- Tennessee Coal, Iron R. Co. v. DunlapAlabama Court of Appeals · 1931
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