Sloss-Sheffield Steel & Iron Co. v. Mitchell
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. H. Alston. Action by G. B. Mitchell against the S'loss-Sheffield Steel & Iron Company for damages for causing overflow of lands by obstruction in the natural flotv of a stream. Judgment for plaintiff and defendant appeals.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. H. Alston. Action by G. B. Mitchell against the S'loss-Sheffield Steel & Iron Company for damages for causing overflow of lands by obstruction in the natural flotv of a stream. Judgment for plaintiff and defendant appeals. The allegations of the 1st count as to- damages are not set out with sufficient definiteness and certainty. — City D. Go. v. Henry, 139 Ala. 161. The court should have sustained appellant’s demurrer to the 3rd count of the complaint as it clearly joins several distinct overflows. — A. C. 8. v. Sheehan, 116 Ala. 302;…
1Opinion of the CourtSayre, J.
This was an action for damages for the overflow’- of appellee’s land, caused by the defendant’s obstruction of the natural flow of waters in a creek or branch. In counts 1 and 2 it is alleged that plaintiff’s land was flooded or overflowed; the damage inflicted *281not being further particularized. This was not a sufficient description of the injury to put defendant fairly upon notice of the nature of the proof to be offered., The damages to be determined by the verdict of the jury were measured by the character and extent of the injury done to the plaintiff’s property. They may- have ranged from…
2Cases cited14 opinions
- City Delivery Co. v. HenrySupreme Court of Alabama · 1903
- Kansas Pacific Railway v. MihlmanSupreme Court of Kansas · 1876
- Savannah, Americus & Montgomery Railway v. BufordSupreme Court of Alabama · 1894
- Polly v. McCallSupreme Court of Alabama · 1860
- West Pratt Coal Co. v. DormanSupreme Court of Alabama · 1909
9 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- City of Ardmore v. OrrSupreme Court of Oklahoma · 1913
- Birmingham Railway, Light & Power Co. v. FoxSupreme Court of Alabama · 1911
- Harris v. Town of Tarrant CitySupreme Court of Alabama · 1930
- Alabama Western Railroad v. WilsonAlabama Court of Appeals · 1911
- Sloss-S. S. & I. Co. v. MitchellSupreme Court of Alabama · 1913
38 more not listed; retrieve them via the Exa API.