Alabama Terminal R. R. v. Crawford
Alabama Court of Appeals
Appeal from Bessemer City Court. Heard before Hon. J. C. Gwin. Action by J. T. Crawford against the Alabama Terminal Railroad Company for damages for maintaining a structure on the block and across the street on which his residence was situated. Judgment for plaintiff and defendant appeals.
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Appeal from Bessemer City Court. Heard before Hon. J. C. Gwin. Action by J. T. Crawford against the Alabama Terminal Railroad Company for damages for maintaining a structure on the block and across the street on which his residence was situated. Judgment for plaintiff and defendant appeals. The court erred in overruling the demurrer to the first count of the complaint. —B. R. L. & P. Go. v. Moran, 151 Ala. 187; Cochran v. Purser, 152 Ala. 354; Sloss-Sheffield v. Johnson, 147 Ala. 384; Weiss v. Taylor, 144 Ala. 440. Section 235 of the Constitution does not dispense with the averment and proof…
1Opinion of the CourtWalker, P. J.
Each of the counts of the complaint as amended contains averments to the effect that described structures erected by the defendant through the block of which plaintiff’s residence lot is a part, and across a street upon which that lot abuts, and in proximity thereto, interfere with the means of access to the lot, render it less desirable as a place of residence, cut off the view and light and air from it, and in other specified ways render that lot and the residence on it less desirable and less valuable. We think that each of the *298counts discloses that such an injury was caused to the…
2Cases cited3 opinions
- Highland Avenue & Belt Railroad v. MatthewsSupreme Court of Alabama · 1892
- Birmingham Ry. L. & P. Co v. MoranSupreme Court of Alabama · 1907
- Mobile & Montgomery Railway Co. v. Alabama Midland Railway Co.Supreme Court of Alabama · 1896