Daffin v. C. W. Zimmerman Mfg. Co.
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Heard before Hon. W. J. Young, Special Judge. Trespass quare clausum by William W. Daffin against the G. W. Zimmerman Manufacturing Company. From a judgment for defendant, plaintiff appealed.
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Appeal from Mobile Circuit Court. Heard before Hon. W. J. Young, Special Judge. Trespass quare clausum by William W. Daffin against the G. W. Zimmerman Manufacturing Company. From a judgment for defendant, plaintiff appealed. Growing trees are a part of the land and the plaintiff had a right to show the condition of the land before and after the trespass in order that the damages might be ascertained. — Brmhmeyer v. Bethea, 139 Ala. 376; 3 C'yc. 36; Sullivan on Damages, 1020. The court erred in excluding the evidence introduced for the purpose of showing notice to the defendant company of the…
1Opinion of the CourtAnderson, J.
When this case was here before (149 Ala. 380, 42 South. 858, 9 L. R. A. [N. S.] 663) it was held that the plaintiff, being only a life tenant, could not maintain trover or trespass for converting or taking the trees, but could maintain trespass quare clausum fregit, and recover such actual damages as he sustained to his possession, and the complaint was amended to meet this holding. The inquiry then was: What damage was done to the plaintiff’s use and enjoyment of the premises, as distinguished from what might be termed a permanent injury to the freehold? It is true the land was of such…
2Cases cited3 opinions
- City Delivery Co. v. HenrySupreme Court of Alabama · 1903
- C. W. Zimmerman Mnfg. Co. v. DaffinSupreme Court of Alabama · 1906
- Abercrombie & Williams v. WindhamSupreme Court of Alabama · 1899
3Cited by3 opinions
- Frost v. JohnsonSupreme Court of Alabama · 1951
- Mt. Vernon Lumber Co. v. ShepardSupreme Court of Alabama · 1913
- Sloss-Sheffield Steel & Iron Co. v. DickinsonSupreme Court of Alabama · 1910