Brown v. Alabama G. S. R. R. Co.
Supreme Court of Alabama
Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Action by A. Brown against the Alabama Great Southern Railway Company for damages for obstructing natural flow of water. Judgment for defendant, and plaintiff appeals.
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Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Action by A. Brown against the Alabama Great Southern Railway Company for damages for obstructing natural flow of water. Judgment for defendant, and plaintiff appeals. The case made by the pleadings is that plaintiff owned a large gristmill (operated by steam) and several lots contiguous thereto, and that near said mill was defendant’s railway upon an artificial embankment or fill of considerable width and several feet in height, and under said embankment defendant had a culvert or sewer to receive and convey off the water that…
1Opinion of the CourtMcCLELLAN, J.
The perfect observance, by Mr. E. L. Hurst, the clerk of the city court of Gadsden, of Supreme Court rule No. 26, set out in 175 Ala. xix, 61 South, vii, and the general neatness of the transcript, on this appeal, warrants this court- in commending him for the excellent performance of his duty in this important regard.
*505(1, 2) The action is by appellant against appellee for damages to plaintiff’s mill and property in consequence of surface water being retarded in its natural flowage by reason of an alleged insufficient culvert under or through an embankment or fill made and maintained by the…
2Cases cited2 opinions
- Sparks v. McCrearySupreme Court of Alabama · 1908
- Southern Iron Equipment Co. v. Holmes L. Co.Supreme Court of Alabama · 1909
3Cited by2 opinions
- State Ex Rel. G. M. Gustafson Co. v. Crookston Trust Co.Supreme Court of Minnesota · 1946
- Central of Georgia Ry. Co. v. PrudenAlabama Court of Appeals · 1926