Town of Avondale v. McFarland

• Decision Date: 20 June 1893
• Citation: 101 Ala. 381,13 So. 504
• Parties: TOWN OF AVONDALE v. MCFARLAND ET AL.
• Court: Alabama Supreme Court

13 So. 504

101 Ala. 381

TOWN OF AVONDALE v. MCFARLAND ET AL.

Supreme Court of Alabama

June 20, 1893

Appeal from circuit court, Jefferson county; James B. Head, Judge.

Action by J. H. McFarland and others against the town of Avondale to recover for damages to plaintiffs' property by changing the grade of a street. Plaintiffs had judgment, and defendant appeals. Affirmed.

M. A Mason, for appellant.

W. F Dickinson, for appellees.

STONE C.J.

The transcript before us shows without material conflict, as we think, the following state of facts: The town of Avondale was laid off into lots, with places for streets marked off. One of the streets passed over low, wet ground; so low and wet that to fit it for travel as a highway, and render it convenient and safe for use as a street, it was necessary to fill in and raise its grade. Adjoining this unimproved street was a lot which corresponded in grade with the street in its natural, unimproved stage. Plaintiffs below (appellees here) purchased this lot, and erected upon it a dwelling, which was occupied by one or more of them. After this the town authorities filled in and raised the grade of the street, so as to make it safe and convenient as a highway. The effect of thus raising the grade of the street was to check the natural flow of water from plaintiffs' lot, and cause it to stand upon it six or eight inches in depth. It is not claimed that this work was done unskillfully or carelessly, but it is complained that no escape or outlet was provided by which the water could flow off. On the other hand, the town authorities made proof tending to show that it was not practicable to provide an escape or outlet for the water, except across other lots that were private property. We propose to consider only a single question, namely, whether in laying off lots and streets, dedicating the latter and selling the former, it is part and parcel of the implications of the contract of sale that the corporate authorities shall have the right and power to so change and improve the streets as to make them safe and convenient highways for the public, and this without being required to make compensation to the lot owner for the injury done his property.

Section 7, art. 14, of the constitution of 1875 ordains that "municipal and other corporations, and individuals vested with the privilege of taking private property for public use, shall make just compensation for the...