Alabama Lumber Co. v. Keel
Supreme Court of Alabama
April¿VL from the Circuit Court of Jacksou. Tried before the Hon. J. A. Bilbro. This action was brought by the appellee, Moses B. Keel, a riparian proprietor, against the appellants to recover damages for injuries to his lands, alleged to have resulted from the negligence of the defendants in floating timbers in Paint Rock river.
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April¿VL from the Circuit Court of Jacksou. Tried before the Hon. J. A. Bilbro. This action was brought by the appellee, Moses B. Keel, a riparian proprietor, against the appellants to recover damages for injuries to his lands, alleged to have resulted from the negligence of the defendants in floating timbers in Paint Rock river. The complaint as amended charged that the defendants, by placing large quantities of timber into and along the banks of -Paint Rock river, negligently and wrongfully taxed the capacity of Paint Rock river to float the timbers, and upon such timbers being caught by…
1Opinion of the CourtMcCLELLAN, C. J.
If the facts are as deposed to by the plaintiff and his witnesses- — -if the defendant floated such masses of timber into the boom as to create a jam in the boom and up the river-along plaintiff’s land, covering the surface of the stream and rising above the surface for 'several feet and of course in consequence extending much below the surface — even, it is inferable, to the bed of the -stream in places, and thereby the water was raised and thrown out upon plaintiff’s land to his damage, or, whether raised or not higher than it would have been, in the absence of the jam, if the current by…
2Cases cited8 opinions
- Grand Rapids Booming Co. v. JarvisMichigan Supreme Court · 1874
- Weaver v. Mississippi & Rum River Boom Co.Supreme Court of Minnesota · 1881
- White River Log & Booming Co. v. NelsonMichigan Supreme Court · 1881
- Haines v. WelchOregon Supreme Court · 1886
- Hackstack v. Keshena Improvement Co.Wisconsin Supreme Court · 1886
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- J. H. Burton Sons Co. v. MaySupreme Court of Alabama · 1925
- Southern Railway Co. v. WeidenbrennerIndiana Court of Appeals · 1915
- Gulf Red Cedar Co. v. WalkerSupreme Court of Alabama · 1902
- Nashville, Chattanooga St. Louis Ry. v. BeardAlabama Court of Appeals · 1917