Dallas County v. Dillard
Supreme Court of Alabama
Appeal from Selma City Court. Heard before Hon. J. W. Mabry. Action by Mary Dillard against Dallas county for damages for changing the grade of a public road leaving her premises upon a perpendicular embankment without ingress or egress for vehicles. Judgment for plaintiff and defendant appeals. The only question presented by this case is whether or not counties are liable for injury done property by a change in the grade of a road "where no property is taken.
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Appeal from Selma City Court. Heard before Hon. J. W. Mabry. Action by Mary Dillard against Dallas county for damages for changing the grade of a public road leaving her premises upon a perpendicular embankment without ingress or egress for vehicles. Judgment for plaintiff and defendant appeals. The only question presented by this case is whether or not counties are liable for injury done property by a change in the grade of a road "where no property is taken. This is answered by the further question as to whether or not counties are included within the meaning of section 235, Constitution…
1Opinion of the CourtSimpson, J.
This suit was brought by appellee against the appellant to recover for injury to her property. There is no dispute about the facts that the defendant, in improving one of the public roads of the *356county, so changed the grade opposite to and adjoining the property of the plaintiff as to leave plaintiff’s house and premises a considerable distance above the road on a perpendicular embankment, thus destroying ingress and egress for vehicles. The defendant demurred to the complaint, and the exceptions are to the overruling of the demurrer and rendering judgment for the plaintiff.
The contention of…
2Cases cited3 opinions
- County of Chester v. BrowerSupreme Court of Pennsylvania · 1888
- Hooper v. Savannah & Memphis RailroadSupreme Court of Alabama · 1881
- Simpson v. Lauderdale CountySupreme Court of Alabama · 1876
3Cited by24 opinions
- State v. HaleTexas Supreme Court · 1941
- Adler & Co. v. PruittSupreme Court of Alabama · 1910
- Hamilton v. Alabama Power Co.Supreme Court of Alabama · 1915
- Roe v. County of CookIllinois Supreme Court · 1934
- Branyon v. KirkSupreme Court of Alabama · 1939
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