Lamb v. Roberts
Supreme Court of Alabama
Appeal from Clay County Court. Heard before Hon. E. J. Garrison. Action by Mrs. M. L. Roberts against E. T. Lamb, as’receiver of the Atlanta, Birmingham & Atlantic Railroad Company, for damages for' maintaining a nuisance. Judgment for plaintiff and defendant appeals. Transferred from the Court of Appeals.
1Opinion of the CourtMayfield, J.
The action is to recover damages for the maintaining of a nuisance. The amended complaint consisted of but one count, which declared as for maintaining a nuisance, and not for creating it. The original complaint declared for creating, as well as maintaining; and the amendment was evidently made to meet the evidence because the undisputed evidence showed that the only nuisance complained of, if such it was, was created many years prior to the defendant’s connection or relation, as *680receiver, with the defendant road, and was created by a predecessor in title to the railroad company of which…
2Cases cited8 opinions
- Timlin v. Standard Oil Co.New York Court of Appeals · 1891
- Leahan v. CochranMassachusetts Supreme Judicial Court · 1901
- East Jersey Water Co. v. BigelowSupreme Court of New Jersey · 1897
- Crommelin v. CoxeSupreme Court of Alabama · 1857
- Wunder v. McLeanSupreme Court of Pennsylvania · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Clarke v. BoysenCourt of Appeals for the Tenth Circuit · 1930
- Martin Bldg. Co. v. Imperial Laundry Co.Supreme Court of Alabama · 1929
- Sabiston's Adm'r v. Otis Elevator Co.Court of Appeals of Kentucky (pre-1976) · 1933
- Tennessee Coal, Iron R. Co. v. HartlineSupreme Court of Alabama · 1943
- Alabama Great Southern R. Co. v. KillianAlabama Court of Appeals · 1919
3 more not listed; retrieve them via the Exa API.