Sloss-Sheffield Steel & Iron Co. v. McCullough
Supreme Court of Alabama
Appeal from Franklin Circuit Court. Heard before Hon. C. P. Almon. Action by T. E. McCullough against the Sloss-Sheffield Steel & Iron Company for damages for overflowing lands.
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Appeal from Franklin Circuit Court. Heard before Hon. C. P. Almon. Action by T. E. McCullough against the Sloss-Sheffield Steel & Iron Company for damages for overflowing lands. Judgment for plaintiff, and defendant appeals. •The complaint is as follows: “The plaintiff, T. E. McCullough, claims of the defendant, the Sloss-Sheffield Steel & Iron Company, a corporation, the sum of $1,000, as damages, for that, whereas, heretofore, to wit, on or about July 13, 1909, plaintiff was in possession .of and owned the following described tract of land, viz., the N. E. % of section 4, township 7, range…
1Opinion of the CourtMayfield, J.
This is an action on the case to recover damages to lands caused by overflowing them with water, and depositing thereon mud and other debris. The defendant maintained and used a “slush pond” on its premises for the purpose of catching and retaining the mud and refuse matter resulting rrom the washing of iron ore. The banks of this slush pond broke, allowing the water, mud, and debris to flow and to be deposited on the plaintiff’s land, to his damage, hence this suit.
The first error insisted upon is that the complaint is defective, in that it imposes too high a duty upon the defendant relative…
2Cases cited1 opinion
- Alabama Western Railroad v. WilsonAlabama Court of Appeals · 1911
3Cited by7 opinions
- Yolande Coal & Coke Co. v. PierceAlabama Court of Appeals · 1915
- Tennessee Valley Sand & Gravel Co. v. PillingAlabama Court of Appeals · 1950
- Avery v. Geneva CountySupreme Court of Alabama · 1990
- Stouts Mountain Coal & Coke Co. v. TedderSupreme Court of Alabama · 1914
- Sloss-Sheffield Steel & Iron Co. v. WebbSupreme Court of Alabama · 1913
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