Central Iron & Coal Co. v. Thompson
Supreme Court of Alabama
Da-mage for the Improper TJse of Water. Appeal from Tuscaloosa County Court. Heard before Hon. H. B. Foster. B. E. Thompson sued the General Iron & Coal Company for the unreasonable nse of water of a creek which supplied his mill and ginnery. There was judgment for defendant and upon plaintiff’s motion the court granted a new trial, from which the defendant appeals.
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Da-mage for the Improper TJse of Water. Appeal from Tuscaloosa County Court. Heard before Hon. H. B. Foster. B. E. Thompson sued the General Iron & Coal Company for the unreasonable nse of water of a creek which supplied his mill and ginnery. There was judgment for defendant and upon plaintiff’s motion the court granted a new trial, from which the defendant appeals. The plaintiff also took a cross appeal. — Counsel insist -that there is no ruling in the record of injury to the defendant, and that he was without right to a new trial, but cites no authority in support of his contention.'…
1Opinion of the CourtMcCLELLAN, J.
— This is an action by Thompson against the Central Iron & Coal Company for damages alleged to have resulted to his property in consequence of the wrongful and unreasonable use and abuse by defendant of the water -in Davis creek, whereon Thompson’s mill and gin were located. The jury returned a verdict for the defendant. In response to plaintiff’s motion to that end, the court set aside the verdict and ordered a new trial.
The only ground upon which appellant in brief rests its insistence that the court erred in granting the new. trial, is that there was no error in giving charge -20.…
2Cited by2 opinions
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- Mobile & Birmingham R. R. v. Louisville & Nashville RailroadSupreme Court of Alabama · 1911