Selma & Meridian R. R. v. Knapp
Supreme Court of Alabama
Appeal from Circuit Court of Marengo. Tried before Hon. James Cobbs. Knapp brought his action of trespass on the ease against the “ Selma and Meridian Railroad Company ” for injury done, as alleged, to his house and lot, situated in the city of Demopolis, by reason of the opening of a railroad cut or ditch, twenty feet deep and forty feet wide, along the street in said city, upon which his house and lot were situated.
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Appeal from Circuit Court of Marengo. Tried before Hon. James Cobbs. Knapp brought his action of trespass on the ease against the “ Selma and Meridian Railroad Company ” for injury done, as alleged, to his house and lot, situated in the city of Demopolis, by reason of the opening of a railroad cut or ditch, twenty feet deep and forty feet wide, along the street in said city, upon which his house and lot were situated. In the course of the trial plaintiff introduced a witness “ to prove what was the value of the rents, or the the rents of property situated on the street over which said…
1Opinion of the CourtA. J. Walker, C. J.
We think it was permissible for the plaintiff to show that the value of the rent of his prem*482ises was diminished. — Johnson v. State, 37 Ala. 457; Ward v. Reynolds, 32 Ala. 384. But we do not think it was competent to prove the diminution in- the value of the rents of other premises similarly situated, and affected by the same cause. Such evidence ought not to have influenced the jury, and ought not to have been admitted. Although we entertain much doubt upon the subject, we decide, that there was no error in admitting the evidence as to the injury to plaintiff’s lot in its adaptation to the…
2Cases cited2 opinions
- Ward v. ReynoldsSupreme Court of Alabama · 1858
- Johnson v. StateSupreme Court of Alabama · 1861
3Cited by2 opinions
- Town of Eutaw v. BotnickSupreme Court of Alabama · 1907
- Harris v. RussellSupreme Court of Alabama · 1890