Atlantic C. L. Ry. Co. v. Harwell
Alabama Court of Appeals
Appeal from Montgomery Circuit Court. Heard, before Hon. W. W. Pearson. Action by James L. Harwell against the Atlantic Coast Line Railroad Company, for damages for maintaining a private nuisance. From a judgment for plaintiff, defendant appeals.
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Appeal from Montgomery Circuit Court. Heard, before Hon. W. W. Pearson. Action by James L. Harwell against the Atlantic Coast Line Railroad Company, for damages for maintaining a private nuisance. From a judgment for plaintiff, defendant appeals. Plaintiff sought damages for that defendant maintained a yard and roundhouse upon property belonging to it, where engines were washed and other water Avas allowed to pass through artificial drains on and through defendant’s property, and to accumulate in low ground just back of plaintiff’s residence, forming a -stagnant-or filthy pond or pool of…
1Opinion of the CourtWalker, P. J.
By the pleas of the defendant which, on motion of the plaintiff, were stricken, the former undertook to set up its acquisition by adverse user for more than 10 and 20 years, respectively, of the right to maintain on its premises the condition of things of which the plaintiff complained as a private nuisance.
In this court it is not open to question that one may in that way acquire a prescriptive right to maintain a private nuisance. — Alabama Consolidated Coal & Iron Co. v. Turner, 145 Ala. 639, 651, 39 South. 603, 117 Am. St. Rep. 61; Nininger v. Norwood, 72 Ala. 285, 47 Am. Rep. 413; Stein…
2Cases cited9 opinions
- Kansas City, Memphis & Birmingham Railroad v. CrockerSupreme Court of Alabama · 1891
- Nininger v. NorwoodSupreme Court of Alabama · 1882
- Stein v. BurdenSupreme Court of Alabama · 1854
- Alabama Great Southern Railroad v. ClarkSupreme Court of Alabama · 1902
- Brooks v. Continental InsuranceSupreme Court of Alabama · 1899
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3Cited by2 opinions
- Courtaulds Fibers, Inc. v. LongSupreme Court of Alabama · 2000
- Ex parte HarwellSupreme Court of Alabama · 1914