Sloss-S. S. & I. Co. v. Morgan
Supreme Court of Alabama
Appeal from Walker Circuit Court. Heard before Hon. J. J. Curtis. Action by R. M. Morgan against the Sloss-Sheffield Steel & Iron Company for damages to land by the deposit of debris thereon. Judgment for plaintiff and defendant appeals.
Read the full summary
Appeal from Walker Circuit Court. Heard before Hon. J. J. Curtis. Action by R. M. Morgan against the Sloss-Sheffield Steel & Iron Company for damages to land by the deposit of debris thereon. Judgment for plaintiff and defendant appeals. Defendant’s ' special plea 6 was good, and demurrers were improperly sustained thereto. — Shahan v. A. G. S., 115 Ala. 181; Sloss-S. S. & I. Go. v. Dorman, 159 Ala. 321. Plaintiff had notice of the acquirement by defendant of the prescriptive right to deposit debris in the stream and acquiesced therein. — Sloss-S. S. & I. Go. v. Mitchell, 52 South. 72. The…
1Opinion of the CourtSayre, J.
Plaintiff (appellee) sued to recover damages, alleging that defendant company in the operation of its coal washer and coke ovens on Horse Creek, above his property, had made deposits of dirt, mud, slate, slag, ashes, and other debris in the bed of the stream, thereby causing the stream to overflow, and deposit said debris of various kinds upon his land, greatly impairing its value for agricultural purposes, rendering the water wholly unfit for his cattle or other domestic uses; poisoning the fish, and otherwise impairing the use and value of plaintiff’s premises. The theory of plea 6 is that,…
2Cases cited6 opinions
- Alabama Great Southern Railroad v. JohnstonSupreme Court of Alabama · 1900
- Polly v. McCallSupreme Court of Alabama · 1860
- Tennessee Coal, Iron & Railroad v. HamiltonSupreme Court of Alabama · 1893
- Alabama Central Railroad v. MusgroveSupreme Court of Alabama · 1910
- Mississippi Mills Co. v. SmithMississippi Supreme Court · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Beam v. Birmingham Slag Co.Supreme Court of Alabama · 1942
- Stouts Mountain Coal & Coke Co. v. BallardSupreme Court of Alabama · 1915
- Melvin v. ScowleySupreme Court of Alabama · 1925
- Elmore v. IngallsSupreme Court of Alabama · 1944
- Jones v. Tennessee Coal, Iron R. Co.Supreme Court of Alabama · 1918
5 more not listed; retrieve them via the Exa API.