Crommelin v. Coxe
Supreme Court of Alabama
Appeal from tbe Circuit Court of Montgomery.. Tried before tbe Hon.. John Gill Shorter. The complaint in tbis case was as: follows: “Richard Coxe & Co. ^ The plaintiffs claim of the dews. > fondant |2,500 damages, for in-Cliarles Crommelin.
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Appeal from tbe Circuit Court of Montgomery.. Tried before tbe Hon.. John Gill Shorter. The complaint in tbis case was as: follows: “Richard Coxe & Co. ^ The plaintiffs claim of the dews. > fondant |2,500 damages, for in-Cliarles Crommelin. J juries and losses resulting to them from the defendant’s negligence and improper conduct, as follow's: Plaintiffs are, and were at and before the time of the grievances hereinafter set forth, in the lawful occupancy and possession of a certain tenement, situated and being in the city of Montgomery, on lot No. 1, in square No. 15, in that part of said…
1Opinion of the CourtStone, J.
The owner in fee of the soil is proprietor both above and below the surface, as far as he has capacity to use and enjoy the freehold. — 2 Bla. Com. 18; 1 Cruise’s Digest, 69. This right he may exercise at his discretion, qualified alone by the maxim, pertinent to all such cases, sic utere tuo, ut alienum non leudas.
Applying this doctrine to the case before us, it was the unquestioned right of the appellant to change the natural state of his property, by excavations or otherwise, or to continue such change if wrought by another. The owner of the property occupied by the appellees had the same…
2Cases cited11 opinions
- Mills v. HallNew York Supreme Court · 1832
- Lansing v. SmithNew York Supreme Court · 1828
- Waggoner v. JermaineNew York Supreme Court · 1846
- Staple v. SpringMassachusetts Supreme Judicial Court · 1813
- Blunt v. McCormickNew York Supreme Court · 1846
6 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Grey v. Mobile Trade Co.Supreme Court of Alabama · 1876
- Eagle & Phœnix Manufacturing Co. v. GibsonSupreme Court of Alabama · 1878
- Ex parte SteversonSupreme Court of Alabama · 1912
- Whaley v. WilsonSupreme Court of Alabama · 1896
- Brown v. AlterMassachusetts Supreme Judicial Court · 1925
16 more not listed; retrieve them via the Exa API.