Meighan v. Birmingham Terminal Co.
Supreme Court of Alabama
Damage to Land Toy Closing Way. Appeal from Birmingham City Court. Heard before Hon. C. C. NeSmith. Action by J. M. Meighan against the Birmingham Terminal Company. From a judgment for plaintiff, he appeals on the ground of inadequacy of damages. The case made by the complainant is: That the plaintiff was owner of a certain lot in the city of Birmingham, on Sixth avenue, which is particularly described, and that defendant within a year obstructed •or caused to be obstructed.
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Damage to Land Toy Closing Way. Appeal from Birmingham City Court. Heard before Hon. C. C. NeSmith. Action by J. M. Meighan against the Birmingham Terminal Company. From a judgment for plaintiff, he appeals on the ground of inadequacy of damages. The case made by the complainant is: That the plaintiff was owner of a certain lot in the city of Birmingham, on Sixth avenue, which is particularly described, and that defendant within a year obstructed •or caused to be obstructed. Sixth avenue, immediately next to where plaintiff’s lot abuts thereon, and that on account of such obstruction the lot…
1Opinion of the CourtSayre, J.
— Appellant having recovered a substantial judgment in the court below, he can complain on this appeal only of those rulings which affected the proper measure of. his recoverable damages. — Donovan v. S. & N. Ala. R. R. Co., 79 Ala. 429.
The second count of the complaint was a. repetition in substance of the allegations of the other counts, except that it alleges the acts complained of to have been done in part wantonly and illegally, and in another part wantonly and willfully. As to this count the court gave the general affirmative charge in favor of the defendant. The other counts were…
2Cases cited9 opinions
- Webb v. City of DemopolisSupreme Court of Alabama · 1891
- Town of Eutaw v. BotnickSupreme Court of Alabama · 1907
- Highland Avenue & Belt Railroad v. MatthewsSupreme Court of Alabama · 1892
- Jackson v. Birmingham Foundry & Machine Co.Supreme Court of Alabama · 1908
- State ex rel. Attorney General v. Louisville & N. R. R.Supreme Court of Alabama · 1908
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- Phillip D. Ellis and Marilyn N. Ellis v. Richard Zuck, Wilma Zuck Aulsbrook, as Administratrix of the Estate of Gordon D. Zuck, DeceasedCourt of Appeals for the Fifth Circuit · 1977
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