84 So. 396 | Ala. Ct. App. | 1919
This is an action of trespass quare clausum fregit by the appellant against the appellee for damages resulting from the acts of the employés of the county in going upon the lands of the plaintiff and taking therefrom soil to be used in the repair of one of the county's public highways.
That a county is liable "for property taken, injured or destroyed" in the construction or enlargement of its highways, by its authority, or under its direction, or by its agents or servants acting within the line and scope of their employment, in an appropriate action and upon proper proof, is not the subject of doubt. Constitution 1901, § 235; Dallas County v. Dillard,
The right to compensation in such cases arises from the mandate of the Constitution that just compensation shall be made "for property taken, injured or destroyed" by the construction or enlargement of the works, highways or improvements, and is visited on municipalities and other corporations, and individuals vested with the privilege of taking property for public use. Birmingham Traction Co. v. B. R. E. Co.,
Under the doctrine announced in the case of City Delivery Co. v. Henry,
Affirmed.