Stouts Mountain Coal & Coke Co. v. Tedder
Supreme Court of Alabama
Appeal from Cullman Circuit Court. Heard before Hon. D. W. Speaks. Action by W. H. Tedder against tbe Stouts Mountain Coal & Coke Company, for damages for creating a nuisance. Judgment for plaintiff and defendant appeals.
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Appeal from Cullman Circuit Court. Heard before Hon. D. W. Speaks. Action by W. H. Tedder against tbe Stouts Mountain Coal & Coke Company, for damages for creating a nuisance. Judgment for plaintiff and defendant appeals. Transferred from tbe Court of Appeals under section 6 of tbe Acts of 1911, p. 449. The case made by tbe complaint is: That plaintiff owns about 150 acres of land, on which be and bis family reside and farm for a livelihood, and that part of tbe land is devoted to pasture for cattle; that through this land (through the pasture) runs Thackers creek. That defendant is engaged…
1Opinion of the CourtAnderson, C. J.
The witness Hudman testified that an obnoxious odor came from the creek, and there was no error in permitting him to state what produced the odor or to give his opinion or best judgment as to what caused the same. This was a matter which did not require that the witness should be an expert in order to advance an opinion or conclusion. We have gone the limit in this state in condemning statements *640of witnesses as to ordinary facts upon the idea that it was a substitution of the witness for the jury and of excluding opinions as to- every day affairs because the witness was not an expert, and we…
2Cases cited3 opinions
- Hosmer v. Republic I. & S. Co.Supreme Court of Alabama · 1913
- Sloss-Sheffield Steel & Iron Co. v. McCulloughSupreme Court of Alabama · 1912
- Tutwiler Coal, Coke & Iron Co. v. WheelerSupreme Court of Alabama · 1907
3Cited by10 opinions
- Jones v. BellSupreme Court of Alabama · 1917
- Yolande Coal & Coke Co. v. PierceAlabama Court of Appeals · 1915
- Tennessee Valley Sand & Gravel Co. v. PillingAlabama Court of Appeals · 1950
- Atlantic C. L. Ry. Co. v. Enterprise Cotton Co.Supreme Court of Alabama · 1917
- Connors-Weyman Steel Co. v. HarlessSupreme Court of Alabama · 1918
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