Mauldin v. Central of Ga. Ry. Co.
Supreme Court of Alabama
Appeal from Geneva Circuit Court. Heard before Hon. H. A. Pearce. Action by C. M. Mauldin against tbe Central of Georgia Railway Company for damages for maintaining a public nuisance in tbe erection and maintenance of a bridge across a navigable stream. Judgment for defendant and plaintiff appeals.
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Appeal from Geneva Circuit Court. Heard before Hon. H. A. Pearce. Action by C. M. Mauldin against tbe Central of Georgia Railway Company for damages for maintaining a public nuisance in tbe erection and maintenance of a bridge across a navigable stream. Judgment for defendant and plaintiff appeals. Tbe obstruction was prima facie a nuisance. — Walker v. Allen, 72 Ala. 456; 12 Fla. 328; 73 Ga. 306; 7 111. App. 599; 43 Me. 198/; 9 N. J. E. 754; 38 Barb. 286; 60 N. Y. 510; 23 Wis. 410; 4 Ind. 36. No amount of benefits to an indefinite number of individuals or to a community can -countervail the…
1Opinion of the CourtMayfield, J.
This is an action in tort for the maintenance of a public nuisance in that, as alleged, the defendant obstructs a navigable stream. Demurrers were sustained to a number, if not to all, of the 14 counts of the complaint. The only errors assigned, however, are as to counts 12, 13, and 14.
The plaintiff is alleged to have been engaged in the business of rafting logs and lumber down the Choctawhatchie river, and the defendant in the business of operating a commercial railroad which crosses this river. It is alleged, that a part of defendant’s railroad consisted of a bridge which spanned this…
2Cases cited6 opinions
- WILLSON AND OTHERS v. the Black Bird Creek Marsh CompanySupreme Court of the United States · 1829
- Gilman v. PhiladelphiaSupreme Court of the United States · 1866
- Cardwell v. American Bridge Co.Supreme Court of the United States · 1885
- Trullinger v. HoweOregon Supreme Court · 1908
- Blackman v. MauldinSupreme Court of Alabama · 1909
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3Cited by5 opinions
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- Alabama Power Co. v. SmithSupreme Court of Alabama · 1934
- McDonnell v. Murnan Shipbuilding CorporationSupreme Court of Alabama · 1924
- Montgomery Bank & Trust Co. v. KellySupreme Court of Alabama · 1919
- National Life Accident Ins. Co. v. MooreSupreme Court of Alabama · 1927