Legal Opinion
Alabama Great Southern R. Co. v. Killian
Alabama Court of Appeals
Decided June 3, 1919No. 7 Div. 561PublishedCited by 2 opinions
Appeal from Circuit Court, De Kalb County; W. W. Haralson, Judge. Action by H. H. Killian against the Alabama Great Southern Railroad Company for damages for maintenance of a . nuisance. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtSamford, J.
The singla count upon which the cause was tried was as follows:
“The plaintiff claims of the defendant the sum of $1,500 as damages for that the defendant in and about the construction, maintenance, or repair of its right of way or roadbed in De Kalb county, Ala., used in connection with its business of operating a railroad, caused or permitted certain ditches or water courses through which surface waters from adjacent lands naturally flowed aud by means of which said water from adjacent lands was taken care of to become filled, clogged, or closed upon its said right of way or to remain in…
2Cases cited12 opinions
- Arndt v. City of CullmanSupreme Court of Alabama · 1902
- Southern Railway Co. v. LewisSupreme Court of Alabama · 1910
- Montgomery St. Ry. Co. v. SmithSupreme Court of Alabama · 1905
- Mayor of Birmingham v. McCarySupreme Court of Alabama · 1887
- Alabama Western Railroad v. WilsonAlabama Court of Appeals · 1911
7 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Tennessee, A. & G. Ry. v. CardonAlabama Court of Appeals · 1937
- Alabama Great Southern R. Co. v. KillianSupreme Court of Alabama · 1921