City of Eufaula v. Simmons
Supreme Court of Alabama
Appeal from the Circuit Court’ of Barbour. Tried before the Hon. Jesse M. Carmichael. This action was brought by Mrs. Sarab Simmons, a married woman, against the city of Eufaula as a corporation, to recover damages caused to her property in Eufaula, on which, sbe resided, by tbe owerflow of sewers and ditcbes, wbicb the corporate authorities of tbe city bad constructed and dug in tbe streets with a view to improving and draining them; and was commenced on tbe 27tb April,…
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Appeal from the Circuit Court’ of Barbour. Tried before the Hon. Jesse M. Carmichael. This action was brought by Mrs. Sarab Simmons, a married woman, against the city of Eufaula as a corporation, to recover damages caused to her property in Eufaula, on which, sbe resided, by tbe owerflow of sewers and ditcbes, wbicb the corporate authorities of tbe city bad constructed and dug in tbe streets with a view to improving and draining them; and was commenced on tbe 27tb April, 1888. Tbe original complaint contained two counts; tbe first claiming $2,500 damages “for causing large quantities of rain…
1Opinion of the CourtSomerville, J.
1. If the municipal authorities of the city of Eufaula, the defendant in this action, in the construction of sewers and digging of ditches, in the improvement of its streets, caused a large quantity of rain water, *518which naturally flowed in another direction, to be diverted so as to flow on the plaintiff’s premises in destructive quantities, resulting in the injury of her adjoining property, the defendant corporation would be liable to her in damages, whether the work was done negligently or not. And for such injury, the defendant would be compelled to make just compensation.—O'Brien v. City…
2Cases cited8 opinions
- Noonan v. . City of AlbanyNew York Court of Appeals · 1880
- Nevins v. City of PeoriaIllinois Supreme Court · 1866
- Pettigrew v. Village of EvansvilleWisconsin Supreme Court · 1870
- O'Brien v. City of St. PaulSupreme Court of Minnesota · 1878
- City Council v. TownsendSupreme Court of Alabama · 1886
3 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Arndt v. City of CullmanSupreme Court of Alabama · 1902
- Birmingham Water Works Co. v. MartiniAlabama Court of Appeals · 1911
- Harris v. Town of Tarrant CitySupreme Court of Alabama · 1930
- Town of Eutaw v. BotnickSupreme Court of Alabama · 1907
- Pulliam v. SchimpfSupreme Court of Alabama · 1895
27 more not listed; retrieve them via the Exa API.