Southern Ry. Co. v. City of Attalla
Supreme Court of Alabama
Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Action by the city of Attalla against the Southern Railway Company. Prom a judgment for plaintiff, defendant appeals.
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Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Action by the city of Attalla against the Southern Railway Company. Prom a judgment for plaintiff, defendant appeals. This was an action brought by the city of Attalla against the Southern Railroad Company for water alleged to have been taken by said railroad company from the tanks of the Alabama Great Southern Railroad Company, which water had been placed in said tank by the city for the use of said Alabama Great Southern Railroad Company only. There were three counts in the complaint. The first count alleged the -wrongful…
1Opinion of the CourtAnderson, J.
While it is true that, to support an action of trover, the right of property, general or special, and possession, or an immediate right of possession, must concur in the plaintiff at the time of the conversion, we think the complaint avers such an ownership and possession as will support the action. The third count claims that the water put by the plaintiff into the tank of the Alabama Great Southern Railroad Company was for a limited and specific purpose, and that it was converted by the defendant, and thus diverted from the use or purpose for which it was there put. It shows an ownership in…
2Cases cited8 opinions
- Morris v. . RexfordNew York Court of Appeals · 1859
- Kinney v. . KiernanNew York Court of Appeals · 1872
- McNutt v. HilkinsNew York Supreme Court · 1894
- Fuller v. DurenSupreme Court of Alabama · 1860
- Hickman v. RichburgSupreme Court of Alabama · 1898
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Pinckard v. CasselsSupreme Court of Alabama · 1915
- Todd v. Interstate Mortgage & Bond Co.Supreme Court of Alabama · 1916
- Albertville Trading Co. v. CritcherSupreme Court of Alabama · 1927
- First Nat. Bank v. BurnettSupreme Court of Alabama · 1925
- Bull v. BeardenCourt of Appeals of Texas · 1913
8 more not listed; retrieve them via the Exa API.