Atlantic Coast Line Railroad v. Woolfolk
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. Armstead Brown. Bill by Robert Woolf oik against tbe Atlantic Coast Line Railroad Company, to enjoin respondent from collecting -and discharging surface water upon bis land, and incidentally, for damages. Decree for complainant and respondent appeals.
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Appeal from Montgomery City Court. Heard before Hon. Armstead Brown. Bill by Robert Woolf oik against tbe Atlantic Coast Line Railroad Company, to enjoin respondent from collecting -and discharging surface water upon bis land, and incidentally, for damages. Decree for complainant and respondent appeals. If tbe property of respondent is urban property, a fact not negatived by tbe averments of tbe bill, tbe court will find that fact to be true, and that fact will defeat tbe right to relief. — Rapier v. Gulf City P. Co., 64 Ala. '330; Hall v. Rising, 141 Ala. 431; 87 Am. Dec. 625. Tbe amendment…
1Opinion of the CourtMayfield, J.
This suit is for injunction to restrain the defendant from discharging drainage and surface water upon complainant’s land, and, incidentally, to recover damages therefor. The equity of such" bills in this state is Avell settled by a long line of authorities. See the case of Walshe v. Dwight Manufacturing Co., infra, 59 South. 630, which states the law and cites the authorities.
The appeal is taken from an interlocutory decree overruling demurrers to the bill as last amended. It is insisted by appellant that the bill is defective in failing to allege or shoAV Avhether the locus in quo is…
2Cases cited7 opinions
- Nininger v. NorwoodSupreme Court of Alabama · 1882
- Arndt v. City of CullmanSupreme Court of Alabama · 1902
- Crabtree v. BakerSupreme Court of Alabama · 1883
- Farris v. DudleySupreme Court of Alabama · 1884
- Hall v. RisingSupreme Court of Alabama · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- American Federation of State, County & Municipal Employees v. DawkinsSupreme Court of Alabama · 1958
- City of Mobile v. LartigueAlabama Court of Appeals · 1930
- Atlantic Coast Line R. R. v. WoolfolkSupreme Court of Alabama · 1914
- Lacy v. FowlerSupreme Court of Alabama · 1921
- Moore v. WalkerSupreme Court of Alabama · 1918
4 more not listed; retrieve them via the Exa API.