Mayor of Troy v. Coleman
Supreme Court of Alabama
Appeal from the Circuit Court of 'Pike. Tried before the Hon. J. McCaleb Wiley. This was an action by Eobert W. Coleman, appellee, against the appellants'. The appellants opened ud and constructed two ditches, or gutters, along the street running in front of plaintiff’s premises, situated in the city of Troy; and built two sewers or culverts to be used for conducting water across and from said street, near to plaintiff’s lot, which plaintiff alleges “was done in so careless…
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Appeal from the Circuit Court of 'Pike. Tried before the Hon. J. McCaleb Wiley. This was an action by Eobert W. Coleman, appellee, against the appellants'. The appellants opened ud and constructed two ditches, or gutters, along the street running in front of plaintiff’s premises, situated in the city of Troy; and built two sewers or culverts to be used for conducting water across and from said street, near to plaintiff’s lot, which plaintiff alleges “was done in so careless and negligent a manner as to cause divers large quantities of water to flow at divers times down to, against, upon and…
1Opinion of the CourtManning, J.
The complaint, in four counts, alleges in different forms, that the appellant, defendant below, had caused certain ditches and sewers to be constructed for the drainage of the town, by which it had collected and concentrated the water in a much larger volume and stronger current than previously, upon the premises of appellee, the plaintiff, and caused the tearing up .and washing away of the soil and earth of his lot, to his great damage.
1. A demurrer was filed; after which an amendment was made, adding, after the name of defendant — The Mayor and Councilmen of Troy — the words, “ a municipal…
2Cases cited2 opinions
- City Council of Montgomery v. Gilmer & TaylorSupreme Court of Alabama · 1858
- O'Brien v. City of Saint PaulSupreme Court of Minnesota · 1872
3Cited by15 opinions
- Arndt v. City of CullmanSupreme Court of Alabama · 1902
- Hazen v. PerkinsSupreme Court of Vermont · 1918
- King Land & Improvement Co. v. BowenAlabama Court of Appeals · 1913
- Mobile & Montgomery Railway Co. v. CrenshawSupreme Court of Alabama · 1880
- Shahan v. Alabama Great Southern RailroadSupreme Court of Alabama · 1896
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