City of Montgomery v. Stephens
Alabama Court of Appeals
Appeal from Montgomery Circuit Court. Heard before Hon. W. W. Pearson. Action by J. B. Stephens against the City of Montgomery, for negligently maintaining a ditch. Judgment for plaintiff, and defendant appeals.
Read the full summary
Appeal from Montgomery Circuit Court. Heard before Hon. W. W. Pearson. Action by J. B. Stephens against the City of Montgomery, for negligently maintaining a ditch. Judgment for plaintiff, and defendant appeals. The cause went to the jury on counts 9, 10, 11, 12, 15, 16, 17, and 18. Count 9 claims damages for the negligent failure of defendant to exercise reasonable care, skill, and diligence in the construction of a ditch or drain across or through plaintiff’s property, by negligently constructing a ditch or drain which was insufficient for the free passage of water which flowed therein in…
1Opinion of the CourtBrown, J.
Ordinarily negligence is not an essential element in an action to recover damages resulting from a nuisance. The reason upon which this rule rests is found in the maxim, “Sic utere tuo ut alienum non tedas,” and until injurious consequences result from the nuisance the cause of action does not arise.—Alabama Western Ry. Co. v. Wilson, 1 Ala. App. 306, 55 South. 932; Yolande Coal Co. v. Pierce, 12 Ala. App. 431, 68 South. 563.(2) Whether the general rule applies in suits against municipal corporations, and, if so, whether section 1273 of the Code wrought a change in the law as it existed…
2Cases cited16 opinions
- Rich v. McInernySupreme Court of Alabama · 1893
- Arndt v. City of CullmanSupreme Court of Alabama · 1902
- Adler & Co. v. PruittSupreme Court of Alabama · 1910
- City of Bessemer v. WhaleySupreme Court of Alabama · 1914
- Alabama Western Railroad v. WilsonAlabama Court of Appeals · 1911
11 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- City of Birmingham v. NorwoodSupreme Court of Alabama · 1930
- City of Birmingham v. GreerSupreme Court of Alabama · 1930
- Terrell v. Alabama Water Service Co.Supreme Court of Alabama · 1943
- Sisco v. City of HuntsvilleSupreme Court of Alabama · 1929
- Atlantic Coast Line R. Co. v. KellyAlabama Court of Appeals · 1918
3 more not listed; retrieve them via the Exa API.