Ex Parte Tennessee Coal, Iron R. Co.
Supreme Court of Alabama
Certiorari to Court of Appeals. Application by. the Tennessee Coal, Iron & Railroad Company for certiorari to the Court of Appeals to review and revise the judgment of said court, rendered on the. appeal in Tennessee Coal, Iron & Railroad Company v. Zaek Perolio, 90 South. 875. City lots are exempt from the general rule of subserviency to the natural flowage of unchanneled waters. 72 Ala. 277, 47 Am. Rep. 412; 75 Ala. 91, 51 Am.
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Certiorari to Court of Appeals. Application by. the Tennessee Coal, Iron & Railroad Company for certiorari to the Court of Appeals to review and revise the judgment of said court, rendered on the. appeal in Tennessee Coal, Iron & Railroad Company v. Zaek Perolio, 90 South. 875. City lots are exempt from the general rule of subserviency to the natural flowage of unchanneled waters. 72 Ala. 277, 47 Am. Rep. 412; 75 Ala. 91, 51 Am. Rep. 424; 141 Ala. 431, 37 South. 586; 179 Ala. 425, 60 South. 891, 43 L. R. A. (N. S.) 792; 87 Ark. 41, 112 S. W. 173, 20 L. R. A. (N. S.) 155; 40 Cyc. 643. The…
1Opinion of the Court
The plaintiff (Perolio) claimed damages caused to his town or city lot through interference or prevention by defendant with the natural flow of surface waters from plaintiff's higher lot onto defendant's adjoining and lower town or city lot. In the oral charge to the jury the court thus described the situation and the results:
"* * * And the plaintiff claims he was the owner of a certain lot in Wylam, in the city of Birmingham, which was somewhat higher grade — upon a somewhat higher grade — than the adjoining property owned by the defendant company; that he had on that lot a storehouse and…
2Cases cited7 opinions
- Barkley v. . WilcoxNew York Court of Appeals · 1881
- Southern Railway Co. v. LewisSupreme Court of Alabama · 1910
- Rielly v. StephensonSupreme Court of Pennsylvania · 1908
- Vanderwiele v. . TaylorNew York Court of Appeals · 1875
- Hall v. RisingSupreme Court of Alabama · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Hendrix v. CreelSupreme Court of Alabama · 1974
- Kay-Noojin Development Co. v. KinzerSupreme Court of Alabama · 1953
- Kay-Noojin Development Co. v. HackettSupreme Court of Alabama · 1950
- Sargent v. Lambert Const. Co.Court of Civil Appeals of Alabama · 1979
- Burson v. SalibaSupreme Court of Alabama · 1960
5 more not listed; retrieve them via the Exa API.