Alabama Fuel & Iron Co. v. Vaughan
Supreme Court of Alabama
Appeal from Circuit Court, St. Clair County; O. A. Steele, Judge. Action by J. A. Vaughan against the Alabama Fuel & Iron Company in trespass on the case. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, St. Clair County; O. A. Steele, Judge. Action by J. A. Vaughan against the Alabama Fuel & Iron Company in trespass on the case. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under section 6, p. 449, Acts 1911. The cause was submitted to the jury on count 3 of the complaint, which is as follows: “The plaintiff claims of the defendant the sum of three thousand dollars as damages, for that heretofore, on, to wit, for six years immediately preceding the filing of this suit, plaintiff was in possession of the following tract of land, to…
1Opinion of the Court
SOMERVILLE, X
[1,2] We think the complaint states a good cause of action, and, if it is subject to any of the grounds of demurrer assigned, the ruling on the demurrer is not available to appellant because no judgment thereon is shown by the record. A mere recital in the minute entry that the demurrer was overruled is not sufficient. Ala. Nat. Bk. v. Hunt, 125 Ala. 512, 28 South. 488.
[3] The gravamen of the action is some negligent act of the defendant company, which caused large quantities of water to flow over and upon the plaintiff’s land. The undisputed evidence showed that the waters which…
2Cases cited2 opinions
- Alabama National Bank v. HuntSupreme Court of Alabama · 1899
- Alabama Fuel & Iron Co. v. VaughnSupreme Court of Alabama · 1919
3Cited by9 opinions
- Bradford v. StanleySupreme Court of Alabama · 1978
- Duncan v. St. Louis & San Francisco RailroadSupreme Court of Alabama · 1907
- Johnson v. BryarsSupreme Court of Alabama · 1956
- Globe Life Insurance Company of Alabama v. HowardAlabama Court of Appeals · 1962
- Empire Guano Co. v. EllisAlabama Court of Appeals · 1923
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