Legal Opinion

Shahan v. Alabama Great Southern Railroad

Supreme Court of Alabama

Decided November 15, 1896PublishedCited by 19 opinions

Appeal from the City Court of Gadsden. Tried before the Hon. John H. Disque. This action was brought by the appellant, W. P. Shahan, against the appellee, the Alabama Great Southern Railroad Company, to recover damages sustained by reason of an overflow of water in a storehouse where the plaintiff was doing business.

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Appeal from the City Court of Gadsden. Tried before the Hon. John H. Disque. This action was brought by the appellant, W. P. Shahan, against the appellee, the Alabama Great Southern Railroad Company, to recover damages sustained by reason of an overflow of water in a storehouse where the plaintiff was doing business. The complaint contained two counts, which, as set out in the abstract, were as follows: “The first count, in brief, claims damages for that plaintiff owned a storehouse and lot on third street, near Second Avenue in the city of Attalla, in which storehouse he was, on the 15th day…

1Opinion of the CourtColeman, J.

The plaintiff, Shahan, instituted this action to recover damages sustained in consequence of an overflow of water into his store-house in Attalla, in which he was engaged in merchandising. The overflow was caused by rainfall the 15th of February, 1893, *189The cause of action contained in the abstract is not very clearly stated, but as we construe the first count, though it charges negligence of the defendant in constructing its embankments and culverts, &c., the gist of the complaint is the averred negligence of the defendant “in failing to construct and maintain sufficient openings for the…

2Cases cited6 opinions

  1. Savannah, Americus & Montgomery Railway v. BufordSupreme Court of Alabama · 1894
  2. Nininger v. NorwoodSupreme Court of Alabama · 1882
  3. Foster v. JohnsonSupreme Court of Alabama · 1881
  4. Mayor of Troy v. ColemanSupreme Court of Alabama · 1877
  5. Harris v. MaurySupreme Court of Alabama · 1857

1 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Nashville, Chattanooga & St. Louis Railway v. CrosbySupreme Court of Alabama · 1915
  2. FCC National Bank v. Gilmore (In Re Gilmore)United States Bankruptcy Court, N.D. Alabama · 1998
  3. Soules v. Northern Pacific Railway Co.North Dakota Supreme Court · 1916
  4. Gulf States Steel Co. v. LawSupreme Court of Alabama · 1932
  5. Alabama Great Southern Railroad v. ShahanSupreme Court of Alabama · 1896

14 more not listed; retrieve them via the Exa API.

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