68 So. 1015 | Ala. Ct. App. | 1915
This is an action on the casé to recover damages resulting from a nuisance alleged to have been maintained by the defendant in the operation of its coal mines, and dumping therefrom onto the lands of the plaintiff slate, shale, and other refuse from the mines, and discharging thereon quantities of contaminated water, resulting in destroying the pure water in a stream, spring, and wells on plaintiff’s premises and in impoverishing the soil, rendering it less fertile and productive.
We had occasion to restate some of the rules of law applicable to this case in our opinion in the case of Yolanda Coal & Coke Co. v. Pierce, 12 Ala. App. 431, 68 South. 563, and we deem it unnecessary to reiterate them here.
The main contention of the appellant is that, where permanent injury to real estate has resulted from the maintenance of a nuisance, the only damage recoverable is for the permanent injury, and the measure of damages is the difference in the market value of the property immediately preceding and immedi
In view of this admission, the question as to how much land was embraced in the conveyance of right of way to the railroad company was clearly immaterial, and besides the record shows that the plaintiff testified to the full extent of his konwledge on this subject after the court had sustained the plaintiff’s objection to the question.
The only other charge made the basis of assignment of error and insisted upon for reversal is charge 3, asserting a proposition contrary to that stated above, and it was well refused.
We find no reversible error in the record, and the judgment of the circuit court is affirmed.
Affirmed.