The Montgomery advertiser., 1908-02-23
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TOWN or BRIGHTON V. MILES Violation of Municipal Ordinance.--- (Dscided December 1s, 1907. 4s So.
 Rep. 160.)
 1 1. Municipal corporations; violation Of ordinances. appeal by municipality. charter municipal corporation has no right of appeal from Judgments ac- quitting one of violation of its ordf- nances, as Section 2e6e. Code 1Ses, gives that right to defendants alone. . Appear from Bessemer City Court
 Heard before Hon. William Jackson.
 Appeal dismissed. Opinion by An-
 Tyson. c J.. HaraIson and simpson. MDANIEL VI TENNESSEE COAL IRON & R. F. co. Bill to Quiet Title.--S Decided Deeem- !, Der ID. 1907. t5 So. Rep. lsso J 1. Adverse possesston: character of possession: right acquired. Complain ant claimed title to certain lands, by government subdivision. by adverse possession without color of title. It was shown that he lived in house on one sub-division so close to an ada cent sub division that of a field of eight acres around the house two and half acres were in the adjacent sub division. The field Of eight acres was enced. and had been in the exclusive lnd adverse possession of complainant br ten years. Complainant had also kaintained another field of twenty tres. a part only Of which had been kclosed and cultivated for ten years. N t the boundary and extent Of occu- H.acy for ten years was not shown. Nc remainder of the lands were wild
 A complainant's acts of ownership Hisieted in getting timber and fre- Eod from if. What uses the remain
 of the land was adapted to was not Mbwn. Held. that, except as to the kiht acres. his possession was insuf- lent to give him title and he was Hpperly awarded title to the eight kres only.
 Es. Costs discretion of court---where ke court awarded complainant only Hw acres of large number of acres, quiet the title of which suit was Hstitutsd. 1t was within the discretion
 the court to apportion the costs be-
 Appeal from Jsfrerson chancsry
 Heard before Hon. Alfred H Ben
 Amrmsd. opinion by Denson. J.
 ryson. c. J.. Dowdeil and simpson.
 j, concur.
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 COMPANY.
 Action for Damages Tor Putting Pass
 senger on Short of Destination.-- (Decided December 1s. 1901 4s So.
 Rep. 15s.)
 I, carrie-s; transportation of paa- sengers; discharge of passengers: puri- tive damages.--In the absence of showing that plaintiff was injured in person or estate. except for an expen- ea @s&ts lan nfslF H nH H afirmativeiy appearing that the act compelling debarlation was not att tended with any element of aggrava- tion, but was due to an error of judg- ment on the part Of the conductor. the plaintiff cannot recover punitive dam ages for being compelled to debarix from. defendants train short of his destination.
 2 2. Same: Counts in the complaint in an action for being com. pelIed to debark short of passengers destination, are fatally defective which do not aver with certainty that such destination was one of the scheduled or customary stopping places of trains tor thes taking on and discharge of Appeal from Gadsden City Court. Heard before Hon. John H. Dtsque. Afirmed. opinion by Mcclellan. J. Tyson. c. J. Haraison and DowdeiI, JJ., concur. BELT RY. co. v. FULL ; LER. Sanages for Injury to Horse and ve-
 hicIe.--(D (Decided December 1s. 1907. {
 I6 So. Rep. 156.)
 l. Railroads: accident at crossing; gligence-Tne defendant was guilty 1 ,, negligence for the failure of it's en- heer to stop it's train before collid. E with piaintifrs horse and buggy, iere the engineer discovered plain f's periious position at the crossing l