Chattahoochee & Gulf Railroad v. Behrman
Supreme Court of Alabama
Appear from the Circuit Court of Henry. Tried before Hon. John P. Hubbard. This was an action by Emma T. Behrman against the Chattahoochee & Gulf Railroad Company for damages to plaintiff’s lot caused by the erection of an embankment in the construction of defendant’s railroad.
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Appear from the Circuit Court of Henry. Tried before Hon. John P. Hubbard. This was an action by Emma T. Behrman against the Chattahoochee & Gulf Railroad Company for damages to plaintiff’s lot caused by the erection of an embankment in the construction of defendant’s railroad. The fourth plea to the complaint was as follows: “For further answer to the complaint this defendant says: That it did not bnild tbe railroad through the town of Dothan mentioned in the complaint and which crossed Oates Street and which crossed a lot adjoining plaintiff’s lot, hut that the Central of Georgia Railway…
1Opinion of the CourtDowdell, J.
This is an action by the plaintiff, ap-pellee here, against the Chattahoochee & Gulf Railroad Co., to recover damages for an injury to plaintiff’s realty. The wrong complained of consisted in the erection of an embankment several feet high, in and along Oates Street, a public street in the city of Dothan, in front of plaintiff’s residence and lot, which abutted on said street, whereby egress and ingress to said lot was impaired, and the plaintiff otherwise damaged in her property. The principal defense set up, and the one that presents the vital question in the case, was fully set forth in…
2Cases cited10 opinions
- Cunningham v. International RailroadTexas Supreme Court · 1879
- Scammon v. City of ChicagoIllinois Supreme Court · 1861
- Harrison v. KiserSupreme Court of Georgia · 1887
- Daniel v. SorrellsSupreme Court of Alabama · 1846
- Rome & Decatur Railroad v. ChasteenSupreme Court of Alabama · 1889
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3Cited by9 opinions
- Bessemer Coal, Iron & Land Co. v. DoakSupreme Court of Alabama · 1907
- Southern Railway Co. v. LewisSupreme Court of Alabama · 1910
- Montgomery St. Ry. Co. v. SmithSupreme Court of Alabama · 1905
- Brent v. BaldwinSupreme Court of Alabama · 1909
- Alabama Power Co. v. PierreSupreme Court of Alabama · 1938
4 more not listed; retrieve them via the Exa API.