Central of Georgia Railway Co. v. Windham
Supreme Court of Alabama
Appeal from tlie Circuit 'Court of Dale. Tried before the lion. A. A. Evans. This was au action brought by the appellee, W. P. Windham, against the Central of Georgia liailway Company.
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Appeal from tlie Circuit 'Court of Dale. Tried before the lion. A. A. Evans. This was au action brought by the appellee, W. P. Windham, against the Central of Georgia liailway Company. The complaint contained several counts, in which it was alleged that by reason of the construction by the defendant of its roadway and depot in the town of Ozark, Alabama, and the digging of ditches and culverts and excavations necessary thereto', the surface or rain water is made to flow over the premises of the plaintiff causing injuries thereto; that at the time of such overflow the plaintiff had a dwelling…
1Opinion of the CourtSiiarpe, J.
The decision of this case does not call for the discussion of rights respecting the natural flow of water from dominant over -servient lands. The gravamen of the complaint lies in averments which are supported by evidence to effect that the defendant, in constructing its road-bed and depot grounds, made excavations, -ditches and culverts whereby surface rain water Avhi-ch otherwise Avould have run in a different direction, Avas conveyed to and allowed to overflow plaintiff’s lands to his damage, etc. Hpon the plainest principles, such subjection of the plaintiff’s lands to an unnatural and…
2Cases cited10 opinions
- Benson v. Chicago & Alton RailroadSupreme Court of Missouri · 1883
- Savannah, Americus & Montgomery Railway v. BufordSupreme Court of Alabama · 1894
- Nininger v. NorwoodSupreme Court of Alabama · 1882
- Polly v. McCallSupreme Court of Alabama · 1860
- Crabtree v. BakerSupreme Court of Alabama · 1883
5 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Southern Railway Co. v. LewisSupreme Court of Alabama · 1910
- Gulf States Steel Co. v. LawSupreme Court of Alabama · 1932
- King Land & Improvement Co. v. BowenAlabama Court of Appeals · 1913
- Nashville, C. & St. L. Ry. v. YarbroughSupreme Court of Alabama · 1915
- Tutwiler Coal, Coke & Iron Co. v. NicholsSupreme Court of Alabama · 1905
14 more not listed; retrieve them via the Exa API.