Louisville N. R. Co. v. Malchow

Plaintiff (appellee) sued to recover damages, for that defendant (we quote from original count 5 of the complaint), “acting through its agents and servants, * * * wrongfully * * * cut the pipe line .of plaintiff which carried water from the waterworks of the city of Cullman, Ala., to his factory,” etc., and was allowed to recover in the trial court.

Plaintiff’s contention was that the pipe line had been laid for its own use by the Cullman Coal & Coke Company, and that he had purchased the line from that company. And, further, plaintiff contended that the traveled way along the course of which…