Hosmer v. Republic I. & S. Co.
Supreme Court of Alabama
Appeal from Tuscaloosa County Court. Heard before Hon. H. B. Foster. Action by William M. Hosmer against tbe Republic Iron & Steel Company. Judgment lor defendant on demurrer, and plaintiff appeals.
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Appeal from Tuscaloosa County Court. Heard before Hon. H. B. Foster. Action by William M. Hosmer against tbe Republic Iron & Steel Company. Judgment lor defendant on demurrer, and plaintiff appeals. Tbe facts made by tbe complaint are that, for a long time previous to tbe grievances herein complained of, defendant occupied and resided with bis family, including intestate, who was bis son, upon a piece or parcel of land near Greeley, in Tuscaloosa Co., Ala., and that, aifter plaintiff’s residence and occupation upon said land bad commenced, tbe agents and employees of defendant, acting for it…
1Opinion of the CourtSayre, J.
The effect of the complaint is to aver that the death of plaintiff’s intestate, on account of which he sues, Avas caused by an issue of foul, unAvholesome, and noxious air from a pond Avhich defendant corporation constructed in the neighborhood of his residence, where intestate, his minor child, lived Avith him. We are not required to know hoAV plaintiff Avill prove the causation alleged; but, accepting the allegation as true and provable on demurrer, there will be no ques tion but that it shows damage peculiar to intestate, not merely in degree but in kind. The only factor of the case •…
2Cases cited2 opinions
- Fort Worth & Rio Grande Railway Co. v. GlennTexas Supreme Court · 1904
- Richards v. DaughertySupreme Court of Alabama · 1901
3Cited by13 opinions
- Jefferson Fertilizer Co. v. RichSupreme Court of Alabama · 1913
- Wilson v. City of PortlandOregon Supreme Court · 1936
- Yolande Coal & Coke Co. v. PierceAlabama Court of Appeals · 1915
- Jones v. Tennessee Coal, Iron R. Co.Supreme Court of Alabama · 1918
- Stouts Mountain Coal & Coke Co. v. TedderSupreme Court of Alabama · 1914
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