Tennessee Coal, Iron & Ry. Co. v. Roussell
Supreme Court of Alabama
Damages for Plotting Refuse on Land. Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Action by Auguste Roussell against the Tennessee Coal. Iron.& Railroad Company for damages to real estate, due to refuse matter thrown into a stream from defendant’s coal washer and coal mine, and carried by the stream and deposited on plaintiff’s land. Judgment for plaintiff for $275, and defendant appeals.
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Damages for Plotting Refuse on Land. Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Action by Auguste Roussell against the Tennessee Coal. Iron.& Railroad Company for damages to real estate, due to refuse matter thrown into a stream from defendant’s coal washer and coal mine, and carried by the stream and deposited on plaintiff’s land. Judgment for plaintiff for $275, and defendant appeals. The action is for damages to real estate caused by a deposit on the land of refuse and deleterious matter, thrown into a stream from defendant’s coal washer and coal mine, and…
1Opinion of the CourtMcCLELLAN, J.
The employment of the expression, “Whereas, the said parties are desrions of settling said controversy by arbitration in accordance with the statutes of Alabama,” clearly evinces the common intent, in a material respect, to have been to make the statutory provision for a statutory (as distinguished from common-law) arbitration an integral part of their alleged agreement to arbitrate in the premises. We are therefore required to treat the pleas setting up the asserted' arbitration and award as if the requirements of the statutes in this regard were written, in extenso, into the agreement; and…
2Cases cited7 opinions
- Roundtree v. BrantleySupreme Court of Alabama · 1859
- Stein v. BurdenSupreme Court of Alabama · 1854
- Wright & Rice v. MooreSupreme Court of Alabama · 1863
- Tuskaloosa Bridge Co. v. JemisonSupreme Court of Alabama · 1859
- Commonwealth v. MorseMassachusetts Supreme Judicial Court · 1806
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3Cited by13 opinions
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- Southeast Nursing Home, Inc., a Corporation v. The St. Paul Fire and Marine Insurance CompanyCourt of Appeals for the Eleventh Circuit · 1985
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