Illinois Cent. R. Co. v. Elliott
Alabama Court of Appeals
Appeal from Circuit Court, Winston County; T. L. Sowell, Judge. Action by Mrs. Ada Elliott against the Illinois Central Railroad Company for dam- ages for injury to land by overflow.
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Appeal from Circuit Court, Winston County; T. L. Sowell, Judge. Action by Mrs. Ada Elliott against the Illinois Central Railroad Company for dam- ages for injury to land by overflow. The following charges were refused to the defendant: “(1) The court charges the jury that, even if they should find from the evidence that the plaintiff’s storehouse was injured and caused to fall by water flowing from the defendant’s tank under or against said storehouse, the amount of damages that the plaintiff would be entitled to recover could no't exceed the difference in the value of plaintiff’s storehouse…
1Opinion of the CourtBricken, J.
There are thirty-three assignments of error made to the action of the court in overruling demurrers to the complaint, in rulings on the admission of testimony, and the giving and refusal of special charges in writing, and to portions of the oral charge of the court.
We do not deem it necessary to pass separately upon each assignment of error; but, as the case will have to be reversed and remanded, we will lay down the rules of law. applicable to such cases, which will be a sufScient guide to the lower court upon another Trial.
[1] The plaintiff must allege facts in his complaint which show that…
2Cases cited11 opinions
- Tennessee Coal, Iron & R. R. v. SmithSupreme Court of Alabama · 1911
- Arndt v. City of CullmanSupreme Court of Alabama · 1902
- Sloss-Sheffield Steel & Iron Co. v. MitchellSupreme Court of Alabama · 1909
- Southern Railway v. GuytonSupreme Court of Alabama · 1898
- Goodloe v. Memphis & Charleston RailroadSupreme Court of Alabama · 1894
6 more not listed; retrieve them via the Exa API.
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- Dooley v. ARD OIL CO., INC.Supreme Court of Alabama · 1983
- Saucer v. Willys-Overland, Inc.District Court, S.D. Florida · 1931
- Kerns v. SealyDistrict Court, S.D. Alabama · 2007
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