Burden v. Stein
Supreme Court of Alabama
Appeal from the Court of Probate of Mobile. (No briefs bare come to the Beporter’s hands.)
1Opinion of the Court
CHILTON, C. J. —
This was a proceeding under the act of 25th December, 1841, (Pamph. Acts, pp. 5-6,) by Stein against Burden, to ascertain what amount of damage the latter had sustained by the withdrawal of water from Three-Mile creek in consequence of the erection of certain water-works for supplying the city of Mobile with water.
It is insisted by Burden’s counsel, that Stein could not have the writ of ad quod damnum after he had erected his works, but that the act requires that he should have proceeded before, and then not against any single individual, but against all proprietors on…
2Cited by8 opinions
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- Owen v. JordanSupreme Court of Alabama · 1855
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