Drake v. Lady Ensley Coal, Iron & Railway Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Franklin. Tried before the Hon. H. C. Speake. This action was brought by the appellant, Andrew J. Drake, as the executor of J. M. Kirk, deceased, against the appellee, the Lady Ensley Coal, Iron and Railway Company, to recover damages, alleged to have been sustained by the testator’s estate, resulting from the pollution of a stream, which ran through the lands of the plaintiff’s testator.
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Appeal from the Circuit Court of Franklin. Tried before the Hon. H. C. Speake. This action was brought by the appellant, Andrew J. Drake, as the executor of J. M. Kirk, deceased, against the appellee, the Lady Ensley Coal, Iron and Railway Company, to recover damages, alleged to have been sustained by the testator’s estate, resulting from the pollution of a stream, which ran through the lands of the plaintiff’s testator. The amount of damages claimed was five thousand dollars. Trespass and action on the case were joined in the original and in the amended complaint. The defendant demurred to…
1Opinion of the CourtColeman, J.
This(action was instituted to recover damages for an alleged injury to realty. The complaint consists of several counts, some of which were framed in trespass and others in case. The important questions for consideration, and the decision of which will deter*505mine the several assignments of error, are, first, whether the facts will support the complaint in either of its aspects? and if so, second, whether, the proper action is trespass or case ? and, third, if the action is maintainable, what is the proper measure of damages ?
The trial court held that the action should be in case, that the…
2Cases cited10 opinions
- Hughes v. AndersonSupreme Court of Alabama · 1880
- Roundtree v. BrantleySupreme Court of Alabama · 1859
- Tennessee Coal, Iron & Railroad v. HamiltonSupreme Court of Alabama · 1893
- Clifton Iron Co. v. DyeSupreme Court of Alabama · 1888
- Crabtree v. BakerSupreme Court of Alabama · 1883
5 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Louisville & Nashville R. R. v. HollandSupreme Court of Alabama · 1911
- Howell v. City of DothanSupreme Court of Alabama · 1937
- Alabama Western Railroad v. WilsonAlabama Court of Appeals · 1911
- Norwood v. Eastern Oregon Land Co.Oregon Supreme Court · 1931
- Sloss-S. S. & I. Co. v. MitchellSupreme Court of Alabama · 1913
23 more not listed; retrieve them via the Exa API.