Mayor of Huntsville v. Ewing
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before the Hon. H. 0. Speake. This action was brought by the appellee, Joseph H. Ewing, against the appellant, the Mayor and Aldermen of the city of Huntsville, to recover damages resulting from the cutting of a ditch along the land which was owned at the time of the suit by the plaintiff, and from the negligent failure of the defendant to keep said ditch in proper condition.
Read the full summary
Appeal from the Circuit Court of Madison. Tried before the Hon. H. 0. Speake. This action was brought by the appellee, Joseph H. Ewing, against the appellant, the Mayor and Aldermen of the city of Huntsville, to recover damages resulting from the cutting of a ditch along the land which was owned at the time of the suit by the plaintiff, and from the negligent failure of the defendant to keep said ditch in proper condition. The suit was commenced on June 22d, 1887. The complaint as originally filed contained two counts. In the first count damages were claimed for that the said “Mayor and…
1Opinion of the CourtHead, J.
Action against municipal corporation for damages, in some of the counts, for cutting a ditch along lands now owned by plaintiff, and in another, as the pleader intended, for negligently failing to keep the ditch in proper condition, resulting in injury to plaintiff’s lands by overflows, etc.
It is enough to say in reference to those counts which count upon the cutting of the ditch, (except the two original), that they show that the act complained of was done long before the plaintiff acquired the land, and he has no right of action for it, under the circumstances of this case,, so far as…
2Cases cited6 opinions
- Huss v. Central Railroad & Banking Co.Supreme Court of Alabama · 1880
- Highland Avenue & Belt Railroad v. MatthewsSupreme Court of Alabama · 1892
- Town of Avondale v. McFarlandSupreme Court of Alabama · 1893
- Evans v. Savannah & Western Railway Co.Supreme Court of Alabama · 1890
- Bolling v. JonesSupreme Court of Alabama · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- City of Tuscaloosa v. FittsSupreme Court of Alabama · 1923
- Blythe v. EnslenSupreme Court of Alabama · 1929
- O'Daniel v. GaynorSupreme Court of Alabama · 1907
- McCalla v. Louisville & Nashville R. R.Supreme Court of Alabama · 1909
- Mayor of Birmingham v. LandSupreme Court of Alabama · 1902
5 more not listed; retrieve them via the Exa API.