Woodstock Iron Works v. Stockdale
Supreme Court of Alabama
Appeal from the City Court of Talladega. Tried before .the Hon. G. K. Miller. . This was an action by the appellee, a riparian owner, against the appellant to recover damages for the diversion, by the appellant, of water from a stream running through appellee’s premises.
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Appeal from the City Court of Talladega. Tried before .the Hon. G. K. Miller. . This was an action by the appellee, a riparian owner, against the appellant to recover damages for the diversion, by the appellant, of water from a stream running through appellee’s premises. The complaint contained several counts, averring in substance the ownership of certain lands by plaintiff, through which “Dry Creek” ran for a long distance, and the damming up and diversion of the stream by. defendant, causing it to flow out of its natural channel, at a point above the land of plaintiff, thereby injuring…
1Opinion of the CourtAnderson, J.
“The rule is general, that a person is not to be held responsible in damages for the remote consequences of his act, or indeed, for any but those *553which are proximate and natural.” — 8 Am. & Eng. Ency. Law, 561.
We think that so much of the complaint as claims damages for the reduction of the supply of well water and the results therefrom, including his wife’s sickness, was due to the plaintiff’s act in using the well, and not the proximate result of any wrong of the defendant, and the motion to strike this, claim from the complaint might well have been sustained. Under no theory could the…
2Cases cited8 opinions
- Hyatt v. AdamsMichigan Supreme Court · 1867
- Goldsmith, Forcheimer & Co. v. PicardSupreme Court of Alabama · 1855
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1890
- Columbus & Western Railway Co. v. BridgesSupreme Court of Alabama · 1888
- Copeland & Brantley v. CunninghamSupreme Court of Alabama · 1879
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Mazer v. BrownSupreme Court of Alabama · 1953
- Hayes v. MillerSupreme Court of Alabama · 1907
- Alabama Power Co. v. HamiltonSupreme Court of Alabama · 1917
- Harris v. Randolph Lumber Co.Supreme Court of Alabama · 1912
- Clough v. SteenCalifornia Court of Appeal · 1934
14 more not listed; retrieve them via the Exa API.