Legal Opinion

Corona Coal Co. v. King

Supreme Court of Alabama

Decided May 20, 1920No. 6 Div. 57PublishedCited by 2 opinions

Appeal from Circuit Court, AYalker County; J. J. Curtiss, Judge. Action by J. H. King against the Corona Coal Company for damages to land by overflow. From a judgment for plaintiff, defendant appeals.

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Appeal from Circuit Court, AYalker County; J. J. Curtiss, Judge. Action by J. H. King against the Corona Coal Company for damages to land by overflow. From a judgment for plaintiff, defendant appeals. For the pleadings in this case, see the report of the case of Corona Coal Co. v. Hooker, ante, p. 221, 85 South. 477. The demurrer to the complaint should have been sustained. 203 Ala. 78, 82 South. 93; 202 Ala. 381, 80 South. 463; 90 Ala. 534, 8 South. 46. On these authorities it is insisted that defendant was entitled to the affirmative charge upon the complaint as a whole. The cause should be…

1Opinion of the CourtGardner, J.

This appeal is from a judgment rendered in favor of appellant against appellee for damages to plaintiff’s land, alleged to have been caused by deposits of coal dust and other débris which came from a washer operated by defendant at its coal mine; said débris filling the creek that flowed through plaintiff’s land, causing the land to be overflowed, and rendering the water unsuitable for any domestic purposes.

A very similar cause against this appellant has been recently determined by this court — Corona Coal Co. v. Hooker, 85 South. 477, 1 at present term — and several of the assignments of…

2Cases cited3 opinions

  1. Henry v. McNamaraSupreme Court of Alabama · 1896
  2. Corona Coal & Iron Co. v. BryanSupreme Court of Alabama · 1910
  3. Corona Coal Co. v. HookerSupreme Court of Alabama · 1920

3Cited by2 opinions

  1. Goodyear Tire & Rubber Co. of Alabama, Inc. v. Gadsden Sand & Gravel Co.Supreme Court of Alabama · 1946
  2. Corona Coal Co. v. KingSupreme Court of Alabama · 1920

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