Alabama Great Southern Railroad v. Shahan
Supreme Court of Alabama
Appeal from the Circuit Court of Etowah. Tried before the Hon. James J. Banks. This was an action brought by the appellant. W. P. Shahan, against the Alabama Great Southern Railroad Company. The complaint contained two counts, the substance of which is sufficiently stated in the opinion.
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Appeal from the Circuit Court of Etowah. Tried before the Hon. James J. Banks. This was an action brought by the appellant. W. P. Shahan, against the Alabama Great Southern Railroad Company. The complaint contained two counts, the substance of which is sufficiently stated in the opinion. To the first count of the complaint the defendant demurred upon the following grounds: “1st. Said first count fails to show that any duty rested upon defendant to provide for the discharge of water from plaintiff’s 'land. 2d. Said first count shows on its face that there was no natural water course for which…
1Opinion of the CourtColeman, J.
The plaintiff’s action is .in case, and seeks to recover damages for injuries done to his stock of merchandise and his storehouse, caused by an overflow of rain-water. The complaint shows that the storehouse was situated near an embankment erected by the defendant railroad company, under which there was a culvert maintained for the passage of water in time of rain. The first count avers that “the defendant negligently allowed said culvert to remain in a condition which was and is insufficient for the free passage of water in time of rainfall,” &c. It does not clearly appear from the language…
2Cases cited5 opinions
- Savannah, Americus & Montgomery Railway v. BufordSupreme Court of Alabama · 1894
- Highland Avenue & Belt Railroad v. DusenberrySupreme Court of Alabama · 1891
- Louisville & Nashville Railroad v. CoferSupreme Court of Alabama · 1895
- Shahan v. Alabama Great Southern RailroadSupreme Court of Alabama · 1896
- Offield v. Wabash, St. Louis & Pacific Railway Co.Missouri Court of Appeals · 1886
3Cited by23 opinions
- Arndt v. City of CullmanSupreme Court of Alabama · 1902
- Louisville & Nashville R. R. v. AbernathySupreme Court of Alabama · 1916
- Sloss-Sheffield Steel & Iron Co. v. MitchellSupreme Court of Alabama · 1909
- Harris v. Town of Tarrant CitySupreme Court of Alabama · 1930
- B'ham Ry. L. & P. Co. v. NicholasSupreme Court of Alabama · 1913
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