Tutwiler Coal, Coke & Iron Co. v. Nichols
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before I-Ion. C. W. Ferguson. The character of this action is stated in the complaint which is as follows: Count 1. Plaintiff claims of the defendant, a private corporation, the sum of |10)000 damages in this, that he is the owner of the following tract of land situated in Jefferson county, state of Alabama, to-wit, (Here follows a description of the land) through which or by the side of which flows the channel of Little Warrior…
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Appeal from Birmingham City Court. Heard before I-Ion. C. W. Ferguson. The character of this action is stated in the complaint which is as follows: Count 1. Plaintiff claims of the defendant, a private corporation, the sum of |10)000 damages in this, that he is the owner of the following tract of land situated in Jefferson county, state of Alabama, to-wit, (Here follows a description of the land) through which or by the side of which flows the channel of Little Warrior river, the said river at said place having a well defined channel. That naturally said river furnishes a large supply of…
1Opinion of the CourtDenson, J.
Action on the case by R. B. Nichols, plaintiff, against the Tntwiler Coal, Coke & Iron Company, defendant, to recover damages for the pollution of a stream of water and alleged injuries to realty. Plaintiff owned a tract of land in Jefferson county through which, or by the side of which, flowed the Little Warrior river. Five Mile creek and Village creek are tributaries of Little Warrior riv.er. Plaintiff’s land ivas located down the river, between five and seven miles distant from the mouth of Five Mile creek, and two miles distant from the mouth of Village creek. Plaintiff owned .the surface…
2Cases cited10 opinions
- Hughes v. AndersonSupreme Court of Alabama · 1880
- Polly v. McCallSupreme Court of Alabama · 1860
- Roundtree v. BrantleySupreme Court of Alabama · 1859
- Stein v. BurdenSupreme Court of Alabama · 1854
- Tennessee Coal, Iron & Railroad v. HamiltonSupreme Court of Alabama · 1893
5 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Howell v. City of DothanSupreme Court of Alabama · 1937
- Guthrie v. Alabama By-Products CompanyDistrict Court, N.D. Alabama · 1971
- Platt v. RowandSupreme Court of Florida · 1907
- St.Louis & S. F. R. R. v. SuttonSupreme Court of Alabama · 1910
- Beam v. Birmingham Slag Co.Supreme Court of Alabama · 1942
14 more not listed; retrieve them via the Exa API.