Birmingham Railway, Light & Power Co. v. Abbott
Alabama Court of Appeals
Appeal from Birmingham City Court. Heard before Hon. J. T. Stokely. Action by T. Jones Abbott against the Birmingham Railway, Light & Power Company for trespass. Judgment for plaintiff, and defendant appeals.
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Appeal from Birmingham City Court. Heard before Hon. J. T. Stokely. Action by T. Jones Abbott against the Birmingham Railway, Light & Power Company for trespass. Judgment for plaintiff, and defendant appeals. The complaint is as follows: Count 1: “The plaintiff claims of the defendant $5,000 as damages, for that, heretofore, to wit, on the 27th day of June, 1910, defendant, with his family, was residing in Birmingham, Alabama, to wit, at 812 First avenue, West End; that at said time defendant was operating an electric light plant, and was supplying said residence with electric light; that on…
1Opinion of the Court
PER CURIAM.-
The reporter, in reporting this case, will set out the first and third counts of the complaint and the demurrers filed to said counts.
1. The first count of the complaint is plainly a count in trespass. In an action of trespass it is necessary for the evidence to show that the plaintiffs7 possession was involved, and for that reason the evidence must show, to justify a recovery by the plaintiff, that the plaintiff, at the time of the trespass, was in the actual or constructive possession of the property trespassed upon. When *647we say constructive possession, we. mean such, a…
2Cases cited11 opinions
- Tennessee Coal, Iron & R. R. v. SmithSupreme Court of Alabama · 1911
- Leach, Harrison & Forwood v. BushSupreme Court of Alabama · 1876
- Ferguson v. StateSupreme Court of Alabama · 1901
- Grisham v. BodmanSupreme Court of Alabama · 1895
- Southern Railway Co. v. BurgessSupreme Court of Alabama · 1904
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Birmingham Ry., Light & Power Co. v. LittletonSupreme Court of Alabama · 1917
- Dawsey v. NewtonSupreme Court of Alabama · 1943
- Western Union Tel. Co. v. HawkinsAlabama Court of Appeals · 1915
- Southern Cotton Oil Co. v. WoodsSupreme Court of Alabama · 1918
- Birmingham Ry., Light & Power Co. v. LittletonSupreme Court of Alabama · 1917