Collins v. Louisville & Nashville Railroad
Supreme Court of Alabama
Appeal from Sbelby Chancery Court. Heard before Hon. W. W. Whiteside. Bills by J. M. Collins and another against the Louisville & Nashville Railroad Company, and another for mandatory injunction seeking" to provide adequate waterways, and for damages. Prom a judgment dismissing the bill -plaintiffs appeal.
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Appeal from Sbelby Chancery Court. Heard before Hon. W. W. Whiteside. Bills by J. M. Collins and another against the Louisville & Nashville Railroad Company, and another for mandatory injunction seeking" to provide adequate waterways, and for damages. Prom a judgment dismissing the bill -plaintiffs appeal. After stating facts at some length counsel insists that the proprietor of the land over or through which a stream of water flows in a defined channel has a clear legal right to have the water flow in the stream as it is accustomed to flow without diminution or alteration. — Crabtree v.…
1Opinion of the Court
SAYRE, J.-
Collins and Bulke filed their separate bills against the Southern Railway Company and the Louisville & Nashville Railway Company jointly, were alike unsuccessful in the court below, and each prosecutes his appeal; but, because their cases were in all substantial particulars alike, the evidence was taken in one case for both, and so, by agreement, one transcript is made to serve the purpose of both appeals. The cases will be considered as one.
The lines of the Southern Railway, constructed about 60 years ago, and the Louisville & Nashville Railroad, *177constructed about 40 years ago,…
2Cases cited6 opinions
- Savannah, Americus & Montgomery Railway v. BufordSupreme Court of Alabama · 1894
- Southern Railway Co. v. LewisSupreme Court of Alabama · 1910
- Alabama Western Railroad v. WilsonAlabama Court of Appeals · 1911
- Alabama Great Southern R. R. v. ProutySupreme Court of Alabama · 1907
- Lindsey v. Southern Ry. Co.Supreme Court of Alabama · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Nashville, C. & St. L. Ry. v. YarbroughSupreme Court of Alabama · 1915
- MacHer v. Farmers' & Ginners' Cotton Oil Co.Supreme Court of Alabama · 1920
- Buckalew v. LuskSupreme Court of Alabama · 1917