Southern Railway Co. v. Lewis
Supreme Court of Alabama
Damage for Flooding Land. Appeal from Calhoun Circuit Court. Heard before Hon. Á. H. Alston. Action by S. A. Lewis against the Southern Railway Company. From a judgment for plaintiff, defendant appeals.
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Damage for Flooding Land. Appeal from Calhoun Circuit Court. Heard before Hon. Á. H. Alston. Action by S. A. Lewis against the Southern Railway Company. From a judgment for plaintiff, defendant appeals. The complaint was as follows: (1) “Plaintiff claims of the defendant $250 as damages, for that heretofore, to wit, on and prior to the 7th day of July, 1906, and subsequently thereto, defendant maintained a railroad track or tracks in Anniston, Calhoun county, Alabama; said tracks running in a northerly and southerly direction, and near to a foundry and machine shop and coal and coke yard…
1Opinion of the CourtMayfield, J.
— This is an action by appellee, a lower landowner, against appellant railroad company to recover damages caused by the flooding of plaintiff’s premises. The flooding is alleged to have been caused by the defendant’s company’s excavating, or causing to be excavated,, the land west of its railroad track, thereby changing the course and flow of the surface drainage of the land to the north and west of plaintiff’s land and plant, so that the surface -drainage water from this territory, above plaintiff’s land and plant, was made thereby to flow upon and over plaintiff’s property to- -his great…
2Cases cited9 opinions
- Mayor of Birmingham v. McCarySupreme Court of Alabama · 1887
- Crabtree v. BakerSupreme Court of Alabama · 1883
- Rome & Decatur Railroad v. ChasteenSupreme Court of Alabama · 1889
- Central of Georgia Railway Co. v. WindhamSupreme Court of Alabama · 1899
- Alabama Midland Railway Co. v. Martin & Bro.Supreme Court of Alabama · 1893
4 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Knight v. Burns, Kirkley & Williams Const. Co., Inc.Supreme Court of Alabama · 1976
- Dixie Stage Lines v. AndersonSupreme Court of Alabama · 1931
- State Farm Mutual Automobile Ins. Co. v. DoddSupreme Court of Alabama · 1964
- Gulf States Steel Co. v. LawSupreme Court of Alabama · 1932
- Budagher v. Amrep Corp.New Mexico Supreme Court · 1981
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