Legal Opinion

Town of Avondale v. McFarland

Supreme Court of Alabama

Decided November 15, 1893PublishedCited by 30 opinions

Appeal from the Circuit Court of Jefferson. Tried before the Hon. James B. Head. This was an action brought by the appellee against the town of Avondale, to recover damages for injuries caused to property of the plaintiffs by the defendant changing the grade of one of its streets, on which the property of the plaintiffs abutted. The facts of the case are sufficiently stated in the opinion. In accordance with the verdict of the jury, there.was judgment for the plaintiffs.

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Appeal from the Circuit Court of Jefferson. Tried before the Hon. James B. Head. This was an action brought by the appellee against the town of Avondale, to recover damages for injuries caused to property of the plaintiffs by the defendant changing the grade of one of its streets, on which the property of the plaintiffs abutted. The facts of the case are sufficiently stated in the opinion. In accordance with the verdict of the jury, there.was judgment for the plaintiffs. The defendant appeals, and assigns as error the several rulings of the court, to which exceptions were reserved. It is…

1Opinion of the Court

STONE, 0. J.

The transcript before us shows without material conflict, as we think, the following state of facts:

The town of Avondale was laid off into lots, with places for streets marked off. One of the streets passed over low, wet ground ; so low and wet, that to fit it for travel as a highway, and render it convenient and safe for use as a street, it was necessary to fill in and raise its grade. Adjoining this unimproved street was a lot which corresponded in grade with the street in its natural, unimproved stage. Plaintiffs below — appellees here — purchased this lot, and erected upon it…

2Cases cited3 opinions

  1. City Council of Montgomery v. MaddoxSupreme Court of Alabama · 1889
  2. City Council v. TownsendSupreme Court of Alabama · 1886
  3. City Council of Montgomery v. TownsendSupreme Court of Alabama · 1887

3Cited by30 opinions

  1. Arndt v. City of CullmanSupreme Court of Alabama · 1902
  2. Branyon v. KirkSupreme Court of Alabama · 1939
  3. Harris v. Town of Tarrant CitySupreme Court of Alabama · 1930
  4. Town of Eutaw v. BotnickSupreme Court of Alabama · 1907
  5. McEachin v. City of TuscaloosaSupreme Court of Alabama · 1909

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