Shanan v. Brown
Supreme Court of Alabama
Appeal from Gadsden City Court. Heard before Hon. John H. Disqtje. Action by W. P. Sbanan against A. Brown and others for damages for changing the flow of waters. From a judgment for defendants, plaintiff appeals.
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Appeal from Gadsden City Court. Heard before Hon. John H. Disqtje. Action by W. P. Sbanan against A. Brown and others for damages for changing the flow of waters. From a judgment for defendants, plaintiff appeals. The complaint was as follows: “(1) Plaintiff claims of defendant the sum of-$2,500 damages for that on and prior to the grievances hereto complained of plaintiff was the owner of certain property in the city of Attalla, Etowah county, Ala., in lots 3 and 4, in block 9, according to the originar plat of said city, on which said property plaintiff had two residence houses, and…
1Opinion of the CourtMcCLELLAN, J.
Action by appellant against appellees for damages in consequence of alleged wrongful injury to plaintiff’s property (lots) attending interference with the floAV of waters. In brief for appellant it is said that the solution of a single question Avill determine the controversy. The court gave the general affirmative charge for the appellees upon their request.
Since it has been long settled in this state that town or city lots are, because of artificial conditions created or to be created, excepted from the general rule that makes land legally servient to the natural floAvage of *432unclianneled…
2Cases cited12 opinions
- Nininger v. NorwoodSupreme Court of Alabama · 1882
- Southern Railway Co. v. LewisSupreme Court of Alabama · 1910
- Osborne v. Alabama Steel & Wire Co.Supreme Court of Alabama · 1902
- Tennessee Coal, Iron & Railroad v. HamiltonSupreme Court of Alabama · 1893
- Crabtree v. BakerSupreme Court of Alabama · 1883
7 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Drummond v. FranckSupreme Court of Alabama · 1949
- Hendrix v. CreelSupreme Court of Alabama · 1974
- Atlantic Coast Line R. R. v. WoolfolkSupreme Court of Alabama · 1914
- Kay-Noojin Development Co. v. HackettSupreme Court of Alabama · 1950
- Dowling-Martin Grocery Co. v. J. C. Lysle Milling Co.Supreme Court of Alabama · 1919
13 more not listed; retrieve them via the Exa API.