Birmingham Railway, Light & Power Co. v. Long
Alabama Court of Appeals
Damage to Realty. Appeal from Birmingham City Court. Heard before Hon. William M. Walker. Action by diaries L. Long against tbe Birmingham Railway, Light & Power Company for damages for excavating. Judgment for plaintiff, and defendant appeals.
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Damage to Realty. Appeal from Birmingham City Court. Heard before Hon. William M. Walker. Action by diaries L. Long against tbe Birmingham Railway, Light & Power Company for damages for excavating. Judgment for plaintiff, and defendant appeals. Count A is as follows: “Plaintiff claims of defendant tbe sum of $5,000 as damages for that, to-wit, on August 1, 1910, plaintiff was owner and in possession of lot No.. 8, in block 15, Rising Station, Compton survey, as shown by tbe map on record in the office of judge of probate of Jefferson county, Ala., situated in Jefferson county, Ala., which…
1Opinion of the CourtPeliiam, J.
Count A of the complaint, on which the plaintiff’s case Avas submitted to the jury, is sufficient, or at least not defective in any particular pointed out by the demurrers attacking it. The property alleged to bo damaged is definitely described, as is also the point of the excavation complained of as having-been made by the defendant, and the location of the *570property with reference to the excavation designated by proper and specific averment. The interference to ingress and (*gres,s of the property is alleged as the proximate consequence resulting to the plaintiff’s abutting property from the…
2Cases cited5 opinions
- Town of Eutaw v. BotnickSupreme Court of Alabama · 1907
- Highland Avenue & Belt Railroad v. MatthewsSupreme Court of Alabama · 1892
- Montgomery & West Point Railroad v. VarnerSupreme Court of Alabama · 1851
- Hames v. BrownleeSupreme Court of Alabama · 1879
- Birmingham Railway, Light & Power Co. v. LongAlabama Court of Appeals · 1912