O'Neill v. City of Birmingham

B017LDIN, J.

Appellants, John W. O’Neill and Lizzie M. O’Neill, sued the city of Birmingham and Southern Railway Company for consequential damages for alleged injuries to abutting property by the construction of a viaduct on Twenty-Fourth street in Birmingham.

Plea No. 4, set out in the report of the ease, was sustained as against demurrer. This ruling- is here presented for review.

Mere silent acquiescence in the taking of property for public use by those having the right of eminent domain, or such acquiescence in improvements resulting in consequential injury to abutting property for which…