Louisville & Nashville Railroad v. Higginbotham
Supreme Court of Alabama
Appear from 'Birmingham City Court.' ,, .Heard before Hon..C. W. Ferguson. e - Action by A. L. and. P. W. Higginbotham against Louisville & Nashville Bailroad Company. Judgment fcr .p.iaintiffs, and.defendant appeals. Action for damages for diverting water by pumping andfdr the obstruction of the stream, causing a filling pf,the.spring.
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Appear from 'Birmingham City Court.' ,, .Heard before Hon..C. W. Ferguson. e - Action by A. L. and. P. W. Higginbotham against Louisville & Nashville Bailroad Company. Judgment fcr .p.iaintiffs, and.defendant appeals. Action for damages for diverting water by pumping andfdr the obstruction of the stream, causing a filling pf,the.spring. The complaint as amended is as follows: “Count 1: Plaintiffs claim of the defendant $1,999 aS damages, for that heretofore, towit, during the whole of the six years immediately preceding the filing of this siiit, plaintiffs were in possession of certain real…
1Opinion of the CourtSimpson, J.
— This was an action by the appellees against the appellant, claiming damages on account of the pumping of water by the defendant from certain springs on land claimed to be in the possession of -the plaintiffs. The first assignment of error insisted on is to the action of the court in overruling the defendant’s demurrer to the complaint for misjoinder of counts; it being claimed that the first count is in trespass, and the second in case, and that they do not relate to the same subject-matter. Under our statute trespass and case may be joined (Code 1896, § 3293), and the counts in this case…
2Cases cited15 opinions
- Uline v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
- Williams v. . the New-York Central Railroad CompanyNew York Court of Appeals · 1857
- Louisville & Nashville Railroad v. Marbury Lumber Co.Supreme Court of Alabama · 1899
- Southern Bell Telephone Co. v. FrancisSupreme Court of Alabama · 1895
- Mahon v. . the New York Central Railroad CompanyNew York Court of Appeals · 1860
10 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Borland v. Sanders Lead Co., Inc.Supreme Court of Alabama · 1979
- Howell v. City of DothanSupreme Court of Alabama · 1937
- Rushing v. Hooper-McDonald, Inc.Supreme Court of Alabama · 1974
- American Mut. Liability Ins. Co. v. Agricola FurnaceSupreme Court of Alabama · 1938
- Employers Insurance Co. of Alabama, Inc. v. RivesSupreme Court of Alabama · 1955
15 more not listed; retrieve them via the Exa API.