Southern Railway Co. v. McEntire
Supreme Court of Alabama
Trespass to Realty. Appeal from. Morgan Circuit Court. Heard before Hon. Marvin West, Special Judge. Action by R. P. McEntire against tbe Southern Railway Company for damages for trespass to realty. Judgment for plaintiff, and defendant appeals.
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Trespass to Realty. Appeal from. Morgan Circuit Court. Heard before Hon. Marvin West, Special Judge. Action by R. P. McEntire against tbe Southern Railway Company for damages for trespass to realty. Judgment for plaintiff, and defendant appeals. The first count alleges that the plaintiff owns and did own prior to 1st of December, 1904, the following described land, giving description, and that the defendant engaged in operating a railroad, and on or about said date caused an excavation two or three feet deep to be made across plaintiff’s property, and has constructed or caused to be…
1Opinion of the CourtMayfield, J.
While, in an action of trespass to land, it is necessary to prove that plaintiff was in possession or had the right to immediate possesion at the time of the alleged trespass, yet he need not allege such facts in that manner; it is sufficient to allege that the land in question belonged to plaintiff. — Code 1907, vol. 2, form 26, p. 1199; Brinkmeyer v. Bethea, 139 Ala. 377, 35 South. 996.
There was certainly no reversible error in allowing {daintiff to amend his complaint by adding count 2 thereto, because, on the former trial, or at a former term of the court-, plaintiff had withdrawn this…
2Cases cited6 opinions
- Hicks Bros. v. Swift Creek Mill Co.Supreme Court of Alabama · 1901
- Thomason v. OdumSupreme Court of Alabama · 1857
- Louisville & Nashville R. R. v. SmithSupreme Court of Alabama · 1904
- Forst v. LeonardSupreme Court of Alabama · 1896
- McGeehee v. HillSupreme Court of Alabama · 1840
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Airheart v. GreenSupreme Court of Alabama · 1958
- Foust v. KinneySupreme Court of Alabama · 1918
- Crandall-Pettee Co. v. Jebeles & Colias Conf. Co.Supreme Court of Alabama · 1915
- Birmingham Railway, Light & Power Co. v. AbbottAlabama Court of Appeals · 1912
- Stockburger v. AderholtSupreme Court of Alabama · 1920
3 more not listed; retrieve them via the Exa API.