Parsons v. Tenn. Coal, Iron & R. R.
Supreme Court of Alabama
Appeal from Bessemer City Court. Heard before Hon. J. C. B. Gwin. Action by Pinkney R. Parsons against the Tennessee Coal, Iron & Railroad Company for damages to stream. Judgment for defendant, and plaintiff appeals. The following charges were given for defendant: “(4) The court charges the- jury that you cannot find any damages for the plaintiff on account of being deprived of the use of the water for domestic purposes, or for the use of the stock.”
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Appeal from Bessemer City Court. Heard before Hon. J. C. B. Gwin. Action by Pinkney R. Parsons against the Tennessee Coal, Iron & Railroad Company for damages to stream. Judgment for defendant, and plaintiff appeals. The following charges were given for defendant: “(4) The court charges the- jury that you cannot find any damages for the plaintiff on account of being deprived of the use of the water for domestic purposes, or for the use of the stock.” “ (6) Plaintiff, before he can recover anything, must reasonably satisfy you from the evidence that he has received some substantial injury, and…
1Opinion of the Court
SAYRE, J. —
Plaintiff( appellant) brought this action to recover damages alleged to have resulted from the pollution of a stream which flowed through defendant’s property down upon and through plaintiff’s freehold. The averment of count 1 is substantially that defendant, maintaining a mining camp and operating a coal washer upon its superior estate, deposited coal washings and other debris in the stream there, whence they were carried by the stream down to plaintiff’s land, rendering the water unfit for any use, filling up the bed of the stream, overflowing his land, and greatly and…
2Cases cited4 opinions
- Tennessee Coal, Iron & Railroad v. HamiltonSupreme Court of Alabama · 1893
- Drake v. Lady Ensley Coal, Iron & Railway Co.Supreme Court of Alabama · 1893
- Louisville & Nashville Railroad v. HigginbothamSupreme Court of Alabama · 1907
- Tutwiler Coal, Coke & Iron Co. v. NicholsSupreme Court of Alabama · 1905
3Cited by5 opinions
- Alabama Fuel & Iron Co. v. VaughnSupreme Court of Alabama · 1919
- Cove Properties, Inc. v. Walter Trent Marina, Inc.Court of Civil Appeals of Alabama · 1997
- Jones v. Tennessee Coal, Iron R. Co.Supreme Court of Alabama · 1918
- Beaunit Corporation v. Alabama Power CompanyDistrict Court, N.D. Alabama · 1973
- Jones v. Tennessee Coal, Iron & R.Supreme Court of Alabama · 1918