Hughes v. Anderson
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Tried before Hon. Wm. S. Mudd. This was an action on the case, brought by Thomas A. Anderson and others against Matthew Hughes, to recover damages resulting from the overflow of their lands, caused by ditches cut and opened by the defendant on lands owned by him, and adjacent to the lands of the plaintiffs, and was commenced on 9th September, 1876. The defendant pleaded “ not guilty, with leave to give in evidence any matter that might be…
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Appeal from Jefferson Circuit Court. Tried before Hon. Wm. S. Mudd. This was an action on the case, brought by Thomas A. Anderson and others against Matthew Hughes, to recover damages resulting from the overflow of their lands, caused by ditches cut and opened by the defendant on lands owned by him, and adjacent to the lands of the plaintiffs, and was commenced on 9th September, 1876. The defendant pleaded “ not guilty, with leave to give in evidence any matter that might be specially pleaded”; and upon the issue thus formed the cause was tried. The evidence introduced on the trial tended to…
1Opinion of the CourtStone, J.
That exemplary damages, or smart money, can be recovered in such an action as this, is settled in this State.—S. & N. Railroad v. McLendon, 63 Ala. 266; Phil., Wil. & Balto. R. R. Co. v. Quigley, 21 How. (U. S.) 202.
The limitation of actions of this kind is one year, and there can be no recovery for injury sustained after the commencement of the suit.—Roundtree v. Brantley, 414 Ala. 544; Polly v. McCall, 37 Ala. 20.
The bill of exceptions states that it contains all the evidence, and nothing is said in it of any permanent or lasting injury to the freehold. No proof that the injury complained…
2Cases cited5 opinions
- South & North Ala. Railroad v. McLendonSupreme Court of Alabama · 1879
- Polly v. McCallSupreme Court of Alabama · 1860
- Stein v. BurdenSupreme Court of Alabama · 1854
- Waffle v. . New York Central R.R. Co.New York Court of Appeals · 1873
- Stein v. BurdenSupreme Court of Alabama · 1856
3Cited by56 opinions
- Crawford v. StateSupreme Court of Alabama · 1895
- San Gabriel Valley Country Club v. County of Los AngelesCalifornia Supreme Court · 1920
- Sheehan v. FlynnSupreme Court of Minnesota · 1894
- United States Life Insurance v. LesserSupreme Court of Alabama · 1899
- Savannah, Americus & Montgomery Railway v. BufordSupreme Court of Alabama · 1894
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