Manning v. Atlanta, B. & A. Ry. Co.
Supreme Court of Alabama
Appeal from Circuit Court, Clay County; W. L. Longshore, Judge. Action by Mrs. E. B. Manning against the Atlanta, Birmingham & Atlantic Railway Company, for damages for injury to property. Judgment for defendant, and plaintiff appeals. Counsel discuss the legal phases of the case, with citation of authority, but, in view of the opinion, it is not deemed necessary to here set them out.
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Appeal from Circuit Court, Clay County; W. L. Longshore, Judge. Action by Mrs. E. B. Manning against the Atlanta, Birmingham & Atlantic Railway Company, for damages for injury to property. Judgment for defendant, and plaintiff appeals. Counsel discuss the legal phases of the case, with citation of authority, but, in view of the opinion, it is not deemed necessary to here set them out. On the proposition that a new trial should have been granted, because of the conduct of the jury and the party while viewing the site, counsel cites the following: 29 Cyc. 797 ; 204 Ala. 2, 85 South. 402;. 187…
1Opinion of the CourtSomerville, J.
The plaintiff sues to recover damages for injury to her property, resulting from the construction and maintenance of a fill by the defendant railroad company,-on the street upon which her property abuts.
The main question was upon the effect of the embankment in its interference with the flow of rainwater, and causing it to -flow and stand in unnatural quantities on plaintiff’s premises; as to which the testimony of many witnesses concurred without conflict that there was such an interference with resulting damage. The jury viewed the premises with the consent of both parties, and under an…
2Cited by7 opinions
- MacOn County Com'n v. SandersSupreme Court of Alabama · 1990
- Morris v. Corona Coal Co.Supreme Court of Alabama · 1926
- State v. JohnsonSupreme Court of Alabama · 1958
- Kilgore v. StateAlabama Court of Appeals · 1923
- Briggs v. ProwellSupreme Court of Alabama · 1927
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