Wheeler v. River Falls Power Co.

The purpose of the first four counts of appellant’s complaint was to state a cause of action as for a nuisance for that appellee,, defendant, erected a dam across Conecuh river, thereby impounding the waters of the river, and causing plaintiff to become sick, and to suffer physical pain and mental anguish. There is in these counts no allegation that the dam was unlawfully or wrongfully erected, and for that reason, according to cases of recent decision in this court, the demurrer to these counts was properly sustained. Hamilton v. Alabama Power Co., 195 Ala. 438, 70 So. 737; Burnett v.…