Nashville, Chattanooga & St. Louis Railway v. Karthaus
Supreme Court of Alabama
Appeal from Madison Circuit Court. Heard before Hon. D. W. Speai-ce. This was an action begun by the heirs of Karthaus, to recover damages for certain sand alleged to have been taken by the railroad from its right of way through and on plaintiff’s land, and sold in the market. The defendant insisted by way of defense that the sand was taken off of the hundred feet right of way owned by the road, and that the sand belonged to them and not to the plaintiff.
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Appeal from Madison Circuit Court. Heard before Hon. D. W. Speai-ce. This was an action begun by the heirs of Karthaus, to recover damages for certain sand alleged to have been taken by the railroad from its right of way through and on plaintiff’s land, and sold in the market. The defendant insisted by way of defense that the sand was taken off of the hundred feet right of way owned by the road, and that the sand belonged to them and not to the plaintiff. The following charges were requested by the defendant and refused by the court: (1) “If the jury believe from the evidence in this case…
1Opinion of the CourtHaralson, J.
The suit was by the heirs of E. Kartliaus, against the 'Nashville, Chattanooga & St. Louis Railway, to recover $2,500 for the conversion by it, at different times between April 16, 1900 (the date of the death of said Kartliaus), and August 29, 1902, (the date of the institution of this suit), of 6,000 cubic yards of sand, alleged to be the property of the plaintiffs.
The complaint as first filed, contained a count for the conversion of the sand in 1900-1902, and a count, also, for trespass for taking the sand. As a result of the pleading in the cause, this complaint was amended by striking out…
2Cases cited10 opinions
- Henry v. Dubuque & Pacific RailroadSupreme Court of Iowa · 1855
- Banks v. SpeersSupreme Court of Alabama · 1892
- Glencoe Land & Gravel Co. v. Hudson Bros. Commission Co.Supreme Court of Missouri · 1897
- Vermilya v. Chicago, Milwaukee & St. Paul R'y Co.Supreme Court of Iowa · 1885
- Wilks v. Georgia Pacific RailroadSupreme Court of Alabama · 1885
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3Cited by12 opinions
- Gladys City Oil, Gas & Manufacturing Co. v. Right of Way Oil Co.Court of Appeals of Texas · 1911
- Powell v. LabrySupreme Court of Alabama · 1923
- Peoples Shoe Co. v. SkallySupreme Court of Alabama · 1916
- Alabama Great Southern R. Co. v. McWhorterSupreme Court of Alabama · 1919
- Pettigrew v. W & H DEVELOPMENT COMPANYDistrict Court of Appeal of Florida · 1960
7 more not listed; retrieve them via the Exa API.