Alabama Great Southern R. Co. v. Killian
Supreme Court of Alabama
Appeal from Circuit Court, De Kalb County; W. W. Harralson, Judge. Action by W. E. Killian against the Alabama Great Southern Railway Company for damages for overflowing his land. Judgment for the plaintiff and the defendant appeals. Transferred from Court of Appeals under § 6, Acts 1011, p. 450. Count 1 of the complaint sufficiently appears from the opinion.
Read the full summary
Appeal from Circuit Court, De Kalb County; W. W. Harralson, Judge. Action by W. E. Killian against the Alabama Great Southern Railway Company for damages for overflowing his land. Judgment for the plaintiff and the defendant appeals. Transferred from Court of Appeals under § 6, Acts 1011, p. 450. Count 1 of the complaint sufficiently appears from the opinion. The following are the demurrers: (1) The facts stated do not show any duty rcsting on the plaintiff to provide a culvert sufficient to take care of the water of said creek. (2) For aught that appears, the facts that on the 22d day of…
1Opinion of the CourtThomas, J.
The trial was had on count 3, the gravamen of which was that—
Defendant “owned a railroad right of way in De Kalb county, Ala., upon which its roadbed was constructed over which it operated its trains, which said right of way extended through plaintiff’s farm in said county, which said farm plaintiff was then the owner of and in the possession of, and that The defendant, for the purpose of maintaining its said roadbed over and across a creek passing through plaintiff’s said farm, said creek being known as the Portersville creek, maintained a culvert on its said right of way for the purpose of…
2Cases cited7 opinions
- Alabama Western Railroad v. WilsonAlabama Court of Appeals · 1911
- Nashville, C. & St. L. Ry. v. YarbroughSupreme Court of Alabama · 1915
- Lindsey v. Southern Ry. Co.Supreme Court of Alabama · 1907
- Lamb v. RobertsSupreme Court of Alabama · 1916
- Moore v. WalkerSupreme Court of Alabama · 1918
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Morris v. Corona Coal Co.Supreme Court of Alabama · 1926