Tutwiler Coal, Coke & Iron Co. v. Wheeler
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by Albert J. Wheeler against the Tutwiler Coal, Coke & Iron Company. Judgment for plaintiff, and defendant appeals.
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Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by Albert J. Wheeler against the Tutwiler Coal, Coke & Iron Company. Judgment for plaintiff, and defendant appeals. The complaint in this case was as follows: “The plaintiff claims of the defendant the sum of $1,990.00, for that heretofore, to-wit-, all the time since the year 1887, the plaintiff has been the owner of the S. W. 1-4 of the N. W. 1-4 and the W. 1-2 of the S. E. 1-4 of section 22, township 16, range 4 west, situated and being in Jefferson county, Alabama. Upon said lands is situated the homestead of the…
1Opinion of the Court
DOWDELL, J. —
The wrong complained of was one against the possession, although it might have extended to a permanent injury of the freehold. The action is well brought for the wrong* to the possession ,and the averment in the complaint of plaintiff’s ownership of the land and of the permanent damage to the fee does not render the complaint for that reason demurrable. It was not necessary to a gopd cause of action for the plaintiff to allege in his complaint the time of the alleged wrong and damages. If the defendant wished to show that the claim for damages was barred by the statute, this was…
2Cases cited1 opinion
- Withers v. StateSupreme Court of Alabama · 1898
3Cited by3 opinions
- Loch Ridge Construction Company, Inc. v. BarraSupreme Court of Alabama · 1973
- Stouts Mountain Coal & Coke Co. v. TedderSupreme Court of Alabama · 1914
- Blackmon v. Chrysler Motors Corporation, Inc.Supreme Court of Alabama · 1975