Legal Opinion
Alabama Power Co. v. Bodine
Supreme Court of Alabama
Decided October 22, 1925No. 8 Div. 788PublishedCited by 21 opinions
1Opinion of the CourtBouldin, J.
Count 1 of the complaint is to recover the statutory penalty for cutting trees “willfully and knowingly, without the consent of the owner.” Code, § 10371. Count 2 is in trespass, claiming damages for cutting the timber.
Plaintiff conveyed to Alabama Power Company a right of way 100 feet in width across her lands for the construction and maintenance of a high-voltage electric transmission line. The right of way deed carried “the right to cut and keep Clear all trees and undergrowth and other obstruction on said strip and danger trees adjacent thereto where necessary.”
The frees complained of…
2Cases cited13 opinions
- Southern Bell Telephone Co. v. FrancisSupreme Court of Alabama · 1895
- Gilliam v. South, & North Alabama RailroadSupreme Court of Alabama · 1881
- Williams v. HendricksSupreme Court of Alabama · 1897
- Postal Telegraph Co. v. LenoirSupreme Court of Alabama · 1894
- Birmingham Railway Light & Power Co. v. OdenSupreme Court of Alabama · 1909
8 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Glen L. Wood v. Holiday Inns, Inc., Interstate Inns, Inc., and Jessie Goynes v. Gulf Oil CorporationCourt of Appeals for the Fifth Circuit · 1975
- Birmingham Post Co. v. SturgeonSupreme Court of Alabama · 1933
- Dulaney v. BurnsSupreme Court of Alabama · 1928
- General Exchange Ins. Corporation v. FindlaySupreme Court of Alabama · 1929
- Kourik v. EnglishSupreme Court of Missouri · 1937
16 more not listed; retrieve them via the Exa API.