De Bardeleben Coal Co. v. Cox
Alabama Court of Appeals
Appeal from Circuit Court, Jefferson County; C. B. Smith, Judge.- Action by E. J. Cox and another against the De Bardeleben Coal Company, a corporation, and others, for damages for the destruction of a boat. There was judgment against all of the defendants, and they appeal.
Read the full summary
Appeal from Circuit Court, Jefferson County; C. B. Smith, Judge.- Action by E. J. Cox and another against the De Bardeleben Coal Company, a corporation, and others, for damages for the destruction of a boat. There was judgment against all of the defendants, and they appeal. Certiorari denied 200 Ala. 553, 76 South. 911. The pleas set up the fact of the sinking of the boat, of its obstruction of the navigation of Cane creek, its abandonment by the owner, and that it threatened great and special damages to the De Bardeleben Coal Company, in which the public would not have participated, and…
1Opinion of the CourtBrown, P. J.
The plaintiffs owned a .houseboat on the Warrior river, which they had left in the custody of Sawyer. The defendant was engaged in construction work for the De Bardeleben Coal Company, constructed a coal tipple across the Cane creek, within a few hundred yards of the mouth of the creek, where it emptied into the Warrior river, and engaged Roberts to furnish him stone to be used in the construction work. Roberts arranged with Sawyer for the use of the plaintiffs’ houseboat to transport stone over the waters of the Warrior river to the mouth of Cane creek. This boat was loaded with stone, towed…
2Cases cited6 opinions
- Inhabitants of Arundel v. M'CullochMassachusetts Supreme Judicial Court · 1813
- Winpenny v. PhiladelphiaSupreme Court of Pennsylvania · 1870
- Boston & Hingham Steamboat Co. v. MunsonMassachusetts Supreme Judicial Court · 1875
- Blackman v. MauldinSupreme Court of Alabama · 1909
- Barranco v. Birmingham Ry., L. & P. Co.Supreme Court of Alabama · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Columbus-America Discovery Group v. Atlantic Mutual InsuranceCourt of Appeals for the Fourth Circuit · 1992