Barranco v. Birmingham Ry., L. & P. Co.
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Action by Raphelia Barranco against the Birmingham Railway, Light & Power Company for damages to her property by planting a post in front of the same. Judgment for defendant, and plaintiff appeals.
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Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Action by Raphelia Barranco against the Birmingham Railway, Light & Power Company for damages to her property by planting a post in front of the same. Judgment for defendant, and plaintiff appeals. Count 4 is as follows: “Plaintiff claims of the defendant the sum of $1,000 as damage, for that heretofore, to wit, the 24th day of November, 1906, plaintiff was the owner of lots 16 and 17, in block 207, in the city of Birmingham, county of Jefferson, state of Alabama, and also the buildings and improvements thereon; that on, to…
1Opinion of the CourtSomerville, J.
— -The trial court sustained defendant’s demurrers to counts 4 and 5 of the complaint, and this action is assigned as error.
The gravamen of the fourth count is that defendant, through its agents or servants, was engaged in planting poles along Twenty-Sixth street and Sixth Avenue North, in Birmingham, and while so doing said agents or servants negligently planted a pole in the sidewalk in front of her window, and within five feet thereof, in an upright position through her shed, and, as a proximate consequence, materially injured her property. It is averred, also, “that the said servants or…
2Cases cited2 opinions
- City of Mobile v. Louisville & Nashville RailroadSupreme Court of Alabama · 1899
- Bickham & Son v. HutchinsonSupreme Court of Louisiana · 1898
3Cited by2 opinions
- Alabama Power Co. v. ChristianSupreme Court of Alabama · 1927
- De Bardeleben Coal Co. v. CoxAlabama Court of Appeals · 1917