Yolande Coal & Coke Co. v. Pierce
Alabama Court of Appeals
Damages for Polluting Stream. Appeal from Tuscaloosa Circuit Court. Heard before Hon. Beenaed Haewood. Action by R. P. Pierce against the Yolande Coal & Coke Company for pollution of a stream. From a judgment for plaintiff, defendant appeals. The substance of complaint sufficiently appears from the opinion, as do sufficient facts for a proper understanding of same.
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Damages for Polluting Stream. Appeal from Tuscaloosa Circuit Court. Heard before Hon. Beenaed Haewood. Action by R. P. Pierce against the Yolande Coal & Coke Company for pollution of a stream. From a judgment for plaintiff, defendant appeals. The substance of complaint sufficiently appears from the opinion, as do sufficient facts for a proper understanding of same. The amendment made was as follows : By adding a claim for damages because of sickness of plaintiff and because of the sickness of his family. The following charges were refused defendant: (A) Plaintiff is not entitled to recover in…
1Opinion of the CourtBrown, J.
The case was tried on the sixth and seventh counts of the complaint as amended, all other counts being withdrawn before the trial was entered upon. The sixth count imputes the maintenance of the nuisance to the operation of the defendant’s coal and ore washers, while the averments of the seventh count are broad enough to embrace every act done by the defendant or its servants in its mining operations that conduced to the pollution of the waters in Davis creek. It avers: “And plaintiff avers that the defendant, its agents, servants, or employees acting within the scope of their employment for…
2Cases cited26 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Hughes v. AndersonSupreme Court of Alabama · 1880
- Adler & Co. v. PruittSupreme Court of Alabama · 1910
- Sloss-Sheffield Steel & Iron Co. v. MitchellSupreme Court of Alabama · 1909
- Mobile, Jackson & Kansas City R. R. v. BrombergSupreme Court of Alabama · 1904
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3Cited by15 opinions
- Joerger v. Pacific Gas & Electric Co.California Supreme Court · 1929
- Terrell v. Alabama Water Service Co.Supreme Court of Alabama · 1943
- St. Louis-San Francisco Railway Company, a Corporation, Plaintiff-Appellant-Cross v. R. A. Wade, Jr., Etc., Defendants-Appellees-CrossCourt of Appeals for the Fifth Circuit · 1979
- Hood v. MurphySupreme Court of Alabama · 1936
- Jones v. Tennessee Coal, Iron R. Co.Supreme Court of Alabama · 1918
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