McCalla v. Louisville & Nashville R. R.
Supreme Court of Alabama
Appeal from Tuscaloosa Circuit Court. Heard before Hon. H. B. Foster. Action by W. A. McCalla and another against the Louisville & Nashville Railroad Company.' Judgment for defendant and plaintiff appeals. — The cause of action was not barred by the statute of limitation. — 25 Cyc. 1136; Huntsville v. Ewing, 116 Ala. 576; E. & P. Mfg.
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Appeal from Tuscaloosa Circuit Court. Heard before Hon. H. B. Foster. Action by W. A. McCalla and another against the Louisville & Nashville Railroad Company.' Judgment for defendant and plaintiff appeals. — The cause of action was not barred by the statute of limitation. — 25 Cyc. 1136; Huntsville v. Ewing, 116 Ala. 576; E. & P. Mfg. Co. v. Gibson, 62 Ala. 369; Polly v. McCall, 37 Ala. 29; Wright v. Moore, 38 Ala. 593''; Roundtree v. Bra/ntley, 34 Ala. 544; Sloss S. & I. Go. v. Sanford, 48 South. 493; R. R. Go. v. Buford, 106 Ala. 303; Wood on Limi. sec. 178; Smith v. City of Sedalia, 48 L.…
1Opinion of the CourtSayre, J.
— The railroad company contracted with a certain firm of railroad contractors for tbe construction of tbe Skelton Creek extension of its road. Tbe contractors sublet a part of tbe work to plaintiffs, including therein the construction of a concrete pier in tbe bed of the Locust fork of tbe Warrior river. Tbe subcontractors contracted with reference to tbe then condition of tbe bed of tbe river. Thereafter tbe defendant company caused a mass of rock to be blasted from a bluff overhanging tbe river, so that tbe detached rock fell upon tbe proposed site of tbe pier, greatly enhancing tbe cost of…
2Cases cited12 opinions
- South & North Ala. Railroad v. McLendonSupreme Court of Alabama · 1879
- Polly v. McCallSupreme Court of Alabama · 1860
- West Pratt Coal Co. v. DormanSupreme Court of Alabama · 1909
- Roundtree v. BrantleySupreme Court of Alabama · 1859
- Kavanagh v. . BarberNew York Court of Appeals · 1892
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Barbara A. Nesmith and Richard A. Nesmith v. H. D. AlfordCourt of Appeals for the Fifth Circuit · 1963
- Kelly v. ShropshireSupreme Court of Alabama · 1917
- Wynkoop v. Mayor of HagerstownCourt of Appeals of Maryland · 1930
- Banks v. HarbinSupreme Court of Alabama · 1986
- Ethridge v. City of LavoniaCourt of Appeals of Georgia · 1960
8 more not listed; retrieve them via the Exa API.