Eagle & Phœnix Manufacturing Co. v. Gibson
Supreme Court of Alabama
Appeal from Lee Circuit Court. Tried before Hon. James E. Cobb. .Tbis was an action on the case brought by the appellee, I). N. Gibson, against the appellant, The Eagle & Phoenix •Manufacturing Company, to recover damages for injury done to lands of the plaintiff, by the diversion of the waters of the Chattahoochee river from its natural course, caused by the erection of a dam across said river by the defendant.
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Appeal from Lee Circuit Court. Tried before Hon. James E. Cobb. .Tbis was an action on the case brought by the appellee, I). N. Gibson, against the appellant, The Eagle & Phoenix •Manufacturing Company, to recover damages for injury done to lands of the plaintiff, by the diversion of the waters of the Chattahoochee river from its natural course, caused by the erection of a dam across said river by the defendant. On the trial, plaintiff was introduced as a witness, and on his direct examination the following question was asked him: “Who is in possession of these lots said to be damaged, and in…
1Opinion of the CourtBrickell, C. J.
The action is case to recover of the defendant damages for diverting from their natural channel the waters of the Chattahoochee river, causing them to overflow and injure the lands of the plaintiff. A party in possession, whatever may be his title, or though he be without title, can maintain the action against a mere wrong-doer. — Crommelin v. Coxe, 30 Ala. 318. Possession, the actual occupancy of lands, is a fact, (and not as counsel for the appellants argue, a conclusion of law, or of fact,) to which a witness may testify. Nor was there any reason for excluding the testimony of the…
2Cases cited6 opinions
- Polly v. McCallSupreme Court of Alabama · 1860
- Roundtree v. BrantleySupreme Court of Alabama · 1859
- Crommelin v. CoxeSupreme Court of Alabama · 1857
- Badger v. LyonSupreme Court of Alabama · 1845
- Nailor v. WilliamsSupreme Court of the United States · 1869
1 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- McMillan v. AikenSupreme Court of Alabama · 1920
- Coghill v. KennedySupreme Court of Alabama · 1898
- Phœnix Insurance v. MoogSupreme Court of Alabama · 1884
- Ashford v. McKeeSupreme Court of Alabama · 1913
- Roberts v. StateSupreme Court of Alabama · 1881
21 more not listed; retrieve them via the Exa API.