West Pratt Coal Co. v. Dorman
Supreme Court of Alabama
Appear from Walker Circuit Court. Heard before Hon. James J. Ray. Action by M. T. Dorman and others against tho West Pratt Coal Company for injury tó the surface by mining underneath.
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Appear from Walker Circuit Court. Heard before Hon. James J. Ray. Action by M. T. Dorman and others against tho West Pratt Coal Company for injury tó the surface by mining underneath. Judgment for plaintiff and defendant appeals. . The court erred in refusing charges 2-and 3 requested by appelant. — Newman v. Pardee, 55 L. R. A. 410. As to the questions of limitations presented attention is called to the distinction drawn between this case and cases of other character by Judge Brickell in Savtmah, etc., R. R. Co. v. Buford., 106 Ala. 303, and cases there cited; see, also Polly v. McCall, 37…
1Opinion of the CourtSayre, J.
Appellees recovered judgment against the appellant in an action on the case for damages alleged to have been caused by the appellant (defendant) in mining coal beneath the surface of appellees’ (plaintiffs) lot at Horse Creek in such manner that the subjacent, support of the samé was impaired and the upper soil caused to crack open and settle doAvn. There was evidence tending to show that coal had been mined under the lot by a former owner of the underlying minerals several years before suit brought, and that, both before and after the point of time one year before suit brought, defendant had…
2Cases cited9 opinions
- Noonan v. PardeeSupreme Court of Pennsylvania · 1901
- Williams v. GibsonSupreme Court of Alabama · 1887
- Savannah, Americus & Montgomery Railway v. BufordSupreme Court of Alabama · 1894
- Polly v. McCallSupreme Court of Alabama · 1860
- Roundtree v. BrantleySupreme Court of Alabama · 1859
4 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Garrett v. Raytheon Co., Inc.Supreme Court of Alabama · 1979
- SYSTEM DYNAMICS INTERN., INC. v. BoykinSupreme Court of Alabama · 1996
- Kelly v. ShropshireSupreme Court of Alabama · 1917
- Home Insurance Company v. Stuart-McCorkle, Inc.Supreme Court of Alabama · 1973
- Stephens v. CreelSupreme Court of Alabama · 1983
35 more not listed; retrieve them via the Exa API.