Southern Railway Co. v. Hayes
Supreme Court of Alabama
Appeal from Morgan Circuit Court. Action by Fannie Hayes and others against the Southern Bailway Company for trespass quare clausum fregit. From a judgment for plaintiffs, defendant appeals. The defendant moved to strike from the complaint the following averments; “And for cutting a tree thereon and for tearing down a fence and digging up the soil thereon.”
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Appeal from Morgan Circuit Court. Action by Fannie Hayes and others against the Southern Bailway Company for trespass quare clausum fregit. From a judgment for plaintiffs, defendant appeals. The defendant moved to strike from the complaint the following averments; “And for cutting a tree thereon and for tearing down a fence and digging up the soil thereon.” Also the following: “Plaintiff avers that said wrongs and injuries were committed by defendant in the yard of the home and dwelling of these plaintiffs, and within a few feet of the dwelling house, and over the protest and expostulations…
1Opinion of the CourtMayfield, J.
— This was an action of trespass quare clausum fregit. The alleged trespass was that the defendant, appellant here, had cut down an embankment on the plaintiffs’ land to enlarge or improve its right of way. The defense was, practically speaking, that the embankment cut down was the property of the defendant and constituted a part of its right of way, and that it was in the possession thereof, as a part of its right of way, at the time of and before the commission of the alleged trespass. So the real dispute was as to who was in the possession of the land on which the alleged trespass was…
2Cases cited14 opinions
- Hatch v. SpoffordSupreme Court of Connecticut · 1852
- Low v. ElwellMassachusetts Supreme Judicial Court · 1876
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1901
- First National Bank v. LelandSupreme Court of Alabama · 1898
- Garrison v. GlassSupreme Court of Alabama · 1903
9 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Dollar v. McKinneySupreme Court of Alabama · 1958
- Green v. MarlinSupreme Court of Alabama · 1929
- Southern Railway Company v. SanfordSupreme Court of Alabama · 1954
- Ramos v. FellSupreme Court of Alabama · 1961
- Bingham v. National BankMontana Supreme Court · 1937
22 more not listed; retrieve them via the Exa API.