Ballard v. Cook
Supreme Court of Alabama
Appeal from Coffee Circuit Court. Heard before Hon. H. A. Pearce. Proceedings to establish a private road by L. F. Cook against B. R. Ballard. Judgment for petitioner, and respondent appeals. The charges requested by the respondent were as follows: “(1) The court charges the jury that this case is tried anew by them, and any assessment of damages or compensation heretofore made by the jury or the commissioners’ court will not control in this case and its determination.
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Appeal from Coffee Circuit Court. Heard before Hon. H. A. Pearce. Proceedings to establish a private road by L. F. Cook against B. R. Ballard. Judgment for petitioner, and respondent appeals. The charges requested by the respondent were as follows: “(1) The court charges the jury that this case is tried anew by them, and any assessment of damages or compensation heretofore made by the jury or the commissioners’ court will not control in this case and its determination. (2) The court charges the jury that they pass upon this case from the evidence before them, and not from the assessment of…
1Opinion of the CourtSimpson, J.
This case originated in the commissioners’ court on a petition filed by the appellee to establish a private road over the lands of appellant. Viewers were appointed and made their report of the route to be established and assessed the damages. Appellee appeared before said court and moved the rejection of the report; one of the grounds being that the route marked out ran through his orchard, garden, or curtilage, contrary to section 5842, Code 1907, which provides that “no road must be opened through any person’s yard, garden, orchard, stable lot, ginhouse or curtilage, without his consent.”…
2Cases cited4 opinions
- Comm'rs' Count of Lowndes Co. v. BowieSupreme Court of Alabama · 1859
- Commissioners Court v. StreetSupreme Court of Alabama · 1896
- Hill v. BridgesSupreme Court of Alabama · 1837
- Barks v. Jefferson CountySupreme Court of Alabama · 1898
3Cited by4 opinions
- Hicks v. StateAlabama Court of Appeals · 1917
- Thompson v. Champion International Corp.Supreme Court of Alabama · 1986
- Commissioner's Court v. BallardSupreme Court of Alabama · 1913
- Golden v. StateAlabama Court of Appeals · 1913