Alabama Fuel & Iron Co. v. Vaughn
Supreme Court of Alabama
Appeal from Circuit Court, St. Clair County ; O. A. Steel, Judge. Action by J. A. Vaugbn against the Alabama Fuel & Iron Company, for damages for the deposit of deleterious matter upon his lands. Judgment for plaintiff, and defendant appeals. The remedy is case, and not trespass. Tutwiler C., C. & I; Co. v. Nichols, 146 Ala. 364, 39 South. 762, 119 Am. St. Rep. 34; Drake v. Lady-Ensley Co., 102 Ala. 501, 14 South. 749, 24 L. R. A. 64, 48 Am.
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Appeal from Circuit Court, St. Clair County ; O. A. Steel, Judge. Action by J. A. Vaugbn against the Alabama Fuel & Iron Company, for damages for the deposit of deleterious matter upon his lands. Judgment for plaintiff, and defendant appeals. The remedy is case, and not trespass. Tutwiler C., C. & I; Co. v. Nichols, 146 Ala. 364, 39 South. 762, 119 Am. St. Rep. 34; Drake v. Lady-Ensley Co., 102 Ala. 501, 14 South. 749, 24 L. R. A. 64, 48 Am. St. Rep. 77; Parsons v. T. C. I. & R. R. Co., 186 Ala. 84, 64 South. 591. Damages which occurred subsequent to the bringing of the suit must be recovered…
1Opinion of the CourtGardner, J.
Plaintiff, appellee here, brought this suit as lower riparian owner to recover damages which he insists he has suffered by reason of the pollution of a stream, known as Black creek, running through a portion of his land. The defendant operated a coal mine above the plaintiff’s land, and at a distance of something over a mile above his land had constructed a washer and a dam on said creek. As a result of this washer, coal dust and other sediment were deposited in the creek, and after leaving defendant’s premises said sediment was carried down across this land until it reached plaintiff’s. When…
2Cases cited4 opinions
- Tennessee Coal, Iron & Railroad v. HamiltonSupreme Court of Alabama · 1893
- Drake v. Lady Ensley Coal, Iron & Railway Co.Supreme Court of Alabama · 1893
- Tutwiler Coal, Coke & Iron Co. v. NicholsSupreme Court of Alabama · 1905
- Parsons v. Tenn. Coal, Iron & R. R.Supreme Court of Alabama · 1914
3Cited by13 opinions
- Morgan Hill Paving Co. v. FonvilleSupreme Court of Alabama · 1928
- Howell v. City of DothanSupreme Court of Alabama · 1937
- Spain v. Brown & Williamson Tobacco Corp.Supreme Court of Alabama · 2003
- Payton v. Monsanto Co.Supreme Court of Alabama · 2001
- Spain v. Brown & Williamson Tobacco Corp.Court of Appeals for the Eleventh Circuit · 2000
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