Duy v. Alabama Western Railway Co.
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Action by G. B. Duy against the Alabama Western Railroad Company for damages for obstructing street. Judgment for defendant, and plaintiff appeals.
Read the full summary
Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Action by G. B. Duy against the Alabama Western Railroad Company for damages for obstructing street. Judgment for defendant, and plaintiff appeals. The complaint is as follows: Count 1: “Plaintiff claims of defendant the sum of $4,000 damages by reason of the following facts, to wit: Plaintiff avers that on and before, to wit, the 15th day of August, 1906, he was owner of the following described lots or parcels of ground in Birmingham, Alabama, described as follows, to wit: Lots twelve (12) and thirteen (13) in block ninety…
1Opinion of the CourtMcCLELLAN, J.
There are two counts in the amended complaint. They will be set out in the report of the appeal.
The questions to which attention is given here arise out of the action of the trial court in sustaining demurrers to these counts.
The first count seeks the recovery of damages to plaintiff’s property, abutting on Fifteenth street, in the city of Birmingham, by reason of the permanent obstruction by defendant of that part of Fifteenth street between First and Second avenues and beyond, across Second avenue from the lots of plaintiff. The theory of this count is that a public nuisance, wrought by the…
2Cases cited20 opinions
- Grider v. TallySupreme Court of Alabama · 1884
- Gould v. HayesSupreme Court of Alabama · 1851
- Meighan v. Birmingham Terminal Co.Supreme Court of Alabama · 1910
- Jones v. BrightSupreme Court of Alabama · 1903
- Albes v. Southern Ry. Co.Supreme Court of Alabama · 1909
15 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Finnell v. PittsSupreme Court of Alabama · 1930
- Hamilton v. Alabama Power Co.Supreme Court of Alabama · 1915
- United States v. Olin Corp.District Court, N.D. Alabama · 1985
- Alabama Terminal R. R. v. BennsSupreme Court of Alabama · 1914
- Board of Revenue of Jefferson County v. HewittSupreme Court of Alabama · 1921
17 more not listed; retrieve them via the Exa API.