Central of Georgia Railway Co. v. Champion
Supreme Court of Alabama
Arpead from Shelby Chancery Court. Heard before Hon. W. W. Whiteside. Bill by S. Z. T. Champion to abate a continuing nuisance and to recover actual damages for the overflow of his lands on account of an embankment maintained by the Central of Georgia Railway Company. From a decree for complainant respondent appeals. Counsel discuss the assignments of error, and insist that the chancery court ■erred in granting the relief sought, hut without citation ■of authority.
Read the full summary
Arpead from Shelby Chancery Court. Heard before Hon. W. W. Whiteside. Bill by S. Z. T. Champion to abate a continuing nuisance and to recover actual damages for the overflow of his lands on account of an embankment maintained by the Central of Georgia Railway Company. From a decree for complainant respondent appeals. Counsel discuss the assignments of error, and insist that the chancery court ■erred in granting the relief sought, hut without citation ■of authority. The law governing this case is accurately and fully stated in the case of A. G. S. R. R. Co. v. Crowder, 149 Ala. 72.
1Opinion of the CourtDenson, J.
The hill in this cause is filed by the ■complainant, Champion, against the Central of Georgia Railway Company, and seeks to abate a continuing nuisance alleged to have been created by the respondent, intentionally, in the filling up of an open waterway that bisected an embankment of the respondent’s road.
The bill shows that complainant is the owner in fee ■of the northwest quarter of the northwest quarter of section 2, township 18, range 1 east, in Shelby county, Ala., subject to an easement in favor of the respondent to maintain and operate a railroad over or across the northeast corner of…
2Cases cited6 opinions
- Savannah, Americus & Montgomery Railway v. BufordSupreme Court of Alabama · 1894
- Nininger v. NorwoodSupreme Court of Alabama · 1882
- Ulbricht v. Eufaula Water Co.Supreme Court of Alabama · 1888
- Shahan v. Alabama Great Southern RailroadSupreme Court of Alabama · 1896
- Alabama Great Southern R. R. v. ProutySupreme Court of Alabama · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Gulf States Steel Co. v. LawSupreme Court of Alabama · 1932
- Nashville, C. & St. L. Ry. v. YarbroughSupreme Court of Alabama · 1915
- McCary v. McLendonSupreme Court of Alabama · 1915
- Central of Ga Ry. Co. v. ChampionSupreme Court of Alabama · 1910
- Collins v. Louisville & Nashville RailroadSupreme Court of Alabama · 1912