Central of Georgia Railway Co. v. Steverson
Alabama Court of Appeals
Appeal from Olay Circuit Court. Heard before Hon. John Pelham. Action by J. M. Steverson against the Central of Georgia Bailway Company for creating and maintaining a nuisance. Judgment for plaintiff, and defendant appeals. In an action for damages, a party cannot recover for damages that he might have avoided by due diligence. — L. & N. v. Sullivan, 138 Ala. 379; Mitchell v. Sloss-S. S. é I. Oo., 49 South. 851; Lilly v. Fletcher, 81 Ala. 234; 12 South. 447; 22 Am.
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Appeal from Olay Circuit Court. Heard before Hon. John Pelham. Action by J. M. Steverson against the Central of Georgia Bailway Company for creating and maintaining a nuisance. Judgment for plaintiff, and defendant appeals. In an action for damages, a party cannot recover for damages that he might have avoided by due diligence. — L. & N. v. Sullivan, 138 Ala. 379; Mitchell v. Sloss-S. S. é I. Oo., 49 South. 851; Lilly v. Fletcher, 81 Ala. 234; 12 South. 447; 22 Am. St. Bep. 441. No wanton or wilful misconduct is shown and punitive damages should not be awarded. — Garrett v. Sorrell, 108 Ala.…
1Opinion of the Court
de GrRAFFENPIED, j.
The appellee brought a suit against the appellant for f5,000 damages for creating and maintaining a nuisance near his premises, which caused annoyance and inconvenience to him and his family in his lióme. There were turn counts to the complaint. The first count charged that the nuisance was created through the negligence of the appellant, its agents or servants. The second count charged that the nuisance and the damages therefrom resulting were due to the wanton, willful, or malicious misconduct of appellant, its agents or servants.
The facts are that the appellant owns and…
2Cases cited1 opinion
- Wilkinson v. SearcySupreme Court of Alabama · 1884
3Cited by8 opinions
- S. C. Loveland, Inc. v. East West Towing, Inc.Court of Appeals for the Fifth Circuit · 1979
- Schiro v. Oriental Realty Co.Wisconsin Supreme Court · 1956
- Central of Georgia Railway Co. v. ChambersSupreme Court of Alabama · 1916
- Alter v. ShearwoodOhio Supreme Court · 1926
- Ex Parte SmithSupreme Court of Alabama · 1934
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