Atlantic Coast Line R. R. v. Woolfolk
Supreme Court of Alabama
Appeal from Montgomery City. Court. Heard before Hon. Gaston Gtjnter. Bill by Robert Woolfolk against tbe Atlantic Coast Line Railroad Company to require the opening of certain sewers, to enjoin the overflow of complainant’s land, and for other relief. Decree for complainant and respondent appeals.
1Opinion of the Court
de GRAFFENRIED, J.
In this case, on the former appeal (see Atlantic Coast Line R. Co. v. Woolfolk, 178 Ala. 190, 59 South. 633), this court held that the bill of complaint was subject to demurrer. There is nothing in the bill as amended which shows that it is the duty of the railroad company to keep open the sewer which is described in, the bill as amended, and which sewer, if the allegations of the bill as amended are true, is the real cause of the flow of water on the complainant’s land. The sewer may be the property of the city of Montgomery, and upon the city of Montgomery may rest the…
2Cases cited4 opinions
- Southern Railway Co. v. LewisSupreme Court of Alabama · 1910
- Hall v. RisingSupreme Court of Alabama · 1904
- Shanan v. BrownSupreme Court of Alabama · 1913
- Atlantic Coast Line Railroad v. WoolfolkSupreme Court of Alabama · 1912
3Cited by16 opinions
- Board of Revenue v. MerrillSupreme Court of Alabama · 1915
- Barber v. COVINGTON COUNTY COM'NSupreme Court of Alabama · 1985
- Thompson v. Chilton CountySupreme Court of Alabama · 1938
- Van Antwerp v. Board of Com'rsSupreme Court of Alabama · 1928
- Potts v. Court of CommissionersSupreme Court of Alabama · 1919
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