Gulf Red Cedar Co. v. Walker
Supreme Court of Alabama
Appeal from Jackson Circuit Court. Tried before Hon. A. H. Alston. Action by Martin 'Walker against Gulf Red Cedar Company for damages to- plaintiffs mill dam and land caused by an overflow of Paint Rock river and defendant's negligence in allowing timber to accumulate against boom posts near plaintiff’s premises, breaking his mill dam, and diverting the water upon his land, Avashing it and demolishing his fences, and scattering drift Avood in his fields.
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Appeal from Jackson Circuit Court. Tried before Hon. A. H. Alston. Action by Martin 'Walker against Gulf Red Cedar Company for damages to- plaintiffs mill dam and land caused by an overflow of Paint Rock river and defendant's negligence in allowing timber to accumulate against boom posts near plaintiff’s premises, breaking his mill dam, and diverting the water upon his land, Avashing it and demolishing his fences, and scattering drift Avood in his fields. The trial Avas had on the plea of not guilty. The evidence Avas conflicting as to defendant’s negligence. The court, at plaintiff’s…
1Opinion of the CourtSharpe, J.
— Neither defendant’s right of floatage nor plaintiff’s right to maintain a mill-dam on Paint Rock river has been questioned or made a subject of dispute in this cause. Assuming they had concurrent rights, the one to float timber and the other as a mill and land-owner to have his property protected from unnecessary and damaging displacement of water and obtrusions of floated timber, defendant was under the duty to use ordinary care in conducting its business in order that injury to plaintiff’s property from such causes might be averted.—Ala. Lumber Co. v. Keel, 125 Ala. 603; Witheral v.…
2Cases cited5 opinions
- Jasper Mercantile Co. v. O'RearSupreme Court of Alabama · 1895
- Koopman v. BlodgettMichigan Supreme Court · 1888
- Witheral v. Muskegon Booming Co.Michigan Supreme Court · 1888
- Crawford v. CrawfordSupreme Court of Alabama · 1898
- Alabama Lumber Co. v. KeelSupreme Court of Alabama · 1899
3Cited by3 opinions
- Lindsey v. Southern Ry. Co.Supreme Court of Alabama · 1907
- Moore v. WalkerSupreme Court of Alabama · 1918
- Alabama Securities Co. v. DeweySupreme Court of Alabama · 1908