Sloss-Sheffield Steel & Iron Co. v. Wilson
Supreme Court of Alabama
' Appeal from. Franklin Circuit Court. Action by Kate Wilson and another against the the Sloss-Sheffield Steel & Iron Company. Judgment for plaintiffs, and defendant appeals.
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' Appeal from. Franklin Circuit Court. Action by Kate Wilson and another against the the Sloss-Sheffield Steel & Iron Company. Judgment for plaintiffs, and defendant appeals. The complaint alleges in effect that plaintiffs were in possession of and owned certain lands which are described, and that at the time of the injuries complained of the defendant owned and controlled or had possession of certain lands near to plaintiff’s land but above plaintiff’s land, which were lower and subservient, and that prior to the injuries complained of defendant had constructed a large and high dam across a…
1Opinion of the CourtSayre, J.
— Appellant's demurrer to- the complaint on the ground substantially that plaintiffs’ (appellees’) injury was not laid to negligence in the construction or maintenance of the dam should have been sustained. Appellees have cited a number of cases in all which there was an original wrong in the structure or operation which caused injury, as, for example, defendant dammed up water so causing it to overflow plaintiff’s land, or defendant caused water to flow upon plaintiff’s land which was accustomed to flow elsewhere, or there was an original encroachment of some character upon plaintiff’s land,…
2Cases cited2 opinions
- Alabama Consolidated Coal & Iron Co. v. TurnerSupreme Court of Alabama · 1906
- State ex rel. Johnson v. Southern Building & Loan Ass'nSupreme Court of Alabama · 1902
3Cited by6 opinions
- Vandalia Railroad v. YeagerIndiana Court of Appeals · 1915
- Alabama Power Co. v. SmithSupreme Court of Alabama · 1934
- Montgomery Light & Water Power Co. v. CharlesDistrict Court, M.D. Alabama · 1919
- Ellis v. Alabama Power Co.Supreme Court of Alabama · 1983
- Alabama Great Southern R. Co. v. KillianAlabama Court of Appeals · 1919
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