Tennessee Coal, Iron & Railroad v. Hamilton
Supreme Court of Alabama
Appeal from the Circuit Court of Bibb. Tried before the Hon. N. H. Denson. Action on the case by Alice Hamilton against the Tennessee Coal, Iron & Railroad Company to recover damages suffered by plaintiff, as a riparian proprietor by reason of the pollution of a stream of water, caused by the washing of iron ore therein by defendant.
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Appeal from the Circuit Court of Bibb. Tried before the Hon. N. H. Denson. Action on the case by Alice Hamilton against the Tennessee Coal, Iron & Railroad Company to recover damages suffered by plaintiff, as a riparian proprietor by reason of the pollution of a stream of water, caused by the washing of iron ore therein by defendant. The complaint contained but one count, in which the plaintiff claimed $1,250 damages, in this: That she was, and had been for many years lawfully possessed of certain lands (describing the same), and that through said lands a certain creek, named “Oaffee’s…
1Opinion of the CourtStone, C. J.
The contesting parties in this case severally owned tracts of land in Bibb county tbat were contiguous to each other. A stream of water known as Caffee’s creek runs through tbe two tracts, the' Coal, Iron & Railroad Co. being tbe upper, and Mrs. Hamilton the lower riparian proprietor. Tbe Coal, Iron & Railroad Co. was engaged in mining iron ore from its lands, and bad erected and was operating a washer, for washing the ore mined by it. This washer was situated near Caffee’s creek, was supplied with water from it; and tbe water so used, after being somewhat detained for settling purposes, was…
2Cases cited8 opinions
- Ulbricht v. Eufaula Water Co.Supreme Court of Alabama · 1888
- Mississippi Mills Co. v. SmithMississippi Supreme Court · 1891
- City of Orlando v. PraggSupreme Court of Florida · 1893
- McGenness v. Adriatic MillsMassachusetts Supreme Judicial Court · 1874
- Stein v. BurdenSupreme Court of Alabama · 1856
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3Cited by35 opinions
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- Bowman v. HumphreySupreme Court of Iowa · 1906
- Masonite Corp. v. BurnhamMississippi Supreme Court · 1933
- Drake v. Lady Ensley Coal, Iron & Railway Co.Supreme Court of Alabama · 1893
- Arminius Chemical Co. v. LandrumSupreme Court of Virginia · 1912
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