Clear Creek Lumber Co. v. Duncan
Supreme Court of Alabama
Appeal from Elmore Circuit Court. Heard before Hon. A. H. Alston. Action by Robert Duncan against the Clear Creek Lumber Company for damages to lands and crops by the cattle of the defendant. From a judgment for plaintiff defendant appeals.
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Appeal from Elmore Circuit Court. Heard before Hon. A. H. Alston. Action by Robert Duncan against the Clear Creek Lumber Company for damages to lands and crops by the cattle of the defendant. From a judgment for plaintiff defendant appeals. The complaint does not state a substantial cause of action and will not support the judgment. — 131 Ala. 220; 113 Ala. 402. It is the right of every owner to permit his cattle and stock to run at large. — M. & (7. R. R. Co. v. Peacocks, 25 Ala. 129; M. & O. R. R. Go. v. Williams, 53 Ala. 595; Pruett v. Ellington, 59 Ala. 454; Rowe v. Baber, 93 Ala. 424;…
1Opinion of the CourtDowdell, J.
It is the settled law in this state that, in the absence of a statute prohibiting the same, it is the right of every owner to permit his cattle and stock to run at large, and those who would avoid injury to their lands from the exercise of this right must inclose against them. — Pruitt v. Ellington. 59 Ala. 454; Hurd v. Lacy, 93 Ala. 428, 9 South. 378, 30 Am. St. Rep. 61; Rowe v. Baber, 93 Ala. 424, 8 South. 865; M. & O. R. R. Co. v. Williams, 53 Ala. 595; N. & C. R. R. Co. v. Peacock, 25 Ala. 229. The complaint contained only one count, to which a demurrer was interposed, and which was…
2Cases cited5 opinions
- Mobile & Ohio Railroad v. WilliamsSupreme Court of Alabama · 1875
- Nashville & Chattanooga Railroad v. PeacockSupreme Court of Alabama · 1854
- Pruitt v. EllingtonSupreme Court of Alabama · 1877
- Rowe v. BaberSupreme Court of Alabama · 1890
- Hurd v. LacySupreme Court of Alabama · 1890
3Cited by2 opinions
- George v. Board of Revenue and Road Com'rsSupreme Court of Alabama · 1921
- Hardy v. GlassAlabama Court of Appeals · 1919