Alabama Midland Railway Co. v. Martin & Bro.
Supreme Court of Alabama
Appeal from the Circuit Court of Dale. Tried before the Hon. J. M. Carmichael. This was an action of trespass brought by the appellee against the appellants, the Ala. Midland Bailway Co. and J. M. Brown & Co., and was commenced on tire 16th day of June, 1890. There was judgment for the plaintiff, and defendant appeals.
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Appeal from the Circuit Court of Dale. Tried before the Hon. J. M. Carmichael. This was an action of trespass brought by the appellee against the appellants, the Ala. Midland Bailway Co. and J. M. Brown & Co., and was commenced on tire 16th day of June, 1890. There was judgment for the plaintiff, and defendant appeals. The complaint contained but a single count, asking for the recovery of damages for trespasses lay the defendant on certain described lands by “pulling down fences, burning up rails, tramping down the crops, destroying and damaging the same, and letting in cattle and stock to…
1Opinion of the CourtHaralson, J.
I. This is an action by the plaintiffs against the defendants for alleged trespasses to their lands, begun on the 15th of October, 1889, and continued “on divers other days between that and the bringing of this suit,” on the 16th of June, 1890.
The Alabama Midland Railway Company, one of the defendants, as the proofs show, contracted with the Alabama Terminal & Improvment Company to build and equip its railroad, and the latter company contracted with J. M. Brown & Co. to build the road, and they, in turn, contracted with Louis McLean to build it.
It was shown, that under these arrangements, the…
2Cases cited8 opinions
- Mobile Life Insurance v. RandallSupreme Court of Alabama · 1883
- Wilkinson v. MoseleySupreme Court of Alabama · 1850
- Pruitt v. EllingtonSupreme Court of Alabama · 1877
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- Bay Shore Railroad v. HarrisSupreme Court of Alabama · 1880
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