Burnett v. Alabama Power Co.
Supreme Court of Alabama
Appeal from Chilton Circuit Court. Heard before Hon. W. W. Pearson. Action by W. R. Burnett against the Alabama Power Company for damages for overflow and otherwise. Judgment for •defendant, and plaintiff appeals.
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Appeal from Chilton Circuit Court. Heard before Hon. W. W. Pearson. Action by W. R. Burnett against the Alabama Power Company for damages for overflow and otherwise. Judgment for •defendant, and plaintiff appeals. The counts referred to in the opinion are as follows: (B) Plaintiff claims of the defendant the sum of $2,500 for that during the time of the grievances hereinafter complained of plaintiff resided with his family on a piece or parcel of land in Chilton county, Ala., in close proximity to Waxahatchee creek, ■a stream flowing into the Coosa river, and plaintiff avers that ■during the…
1Opinion of the Court
ANDERSON, C. J.(1) While count B of the complaint charges that the defendant negligently caused logs, brush, etc., to be and remain upon the lands, and also caused the same to be negligently submerged by water, thus producing the injuries, etc., it is not a claim for two separate and distinct causes of action in the same count. The defendant owed the plaintiff no duty to keep its own land clear of brush, logs, and other vegetation, as having the same upon the land was but the lawful use of its own property, and the said count does not indicate that the conduct of the defendant in this respect…
2Cases cited11 opinions
- Transportation Co. v. ChicagoSupreme Court of the United States · 1879
- United States v. LynahSupreme Court of the United States · 1903
- Gibson v. United StatesSupreme Court of the United States · 1897
- Bedford v. United StatesSupreme Court of the United States · 1904
- Chicago v. TaylorSupreme Court of the United States · 1888
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- Moon v. HinesSupreme Court of Alabama · 1921
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