Legal Opinion

Adler & Co. v. Pruitt

Supreme Court of Alabama

Decided July 6, 1910PublishedCited by 43 opinions

Damages for Creating and Maintaining a Nuisance. Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Suit by Mary Ella Pruitt against Adler & Co. and others. From a decree for plaintiff! against, defendant Adler & Co., it appeals.

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Damages for Creating and Maintaining a Nuisance. Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Suit by Mary Ella Pruitt against Adler & Co. and others. From a decree for plaintiff! against, defendant Adler & Co., it appeals. Having in view the construction and maintenance of main or trunk lines of sanitary sewers for the purpose of carrying away the sewerage of municipalities and thickly populated communities in the county of Jeffer■son, the Legislature by its act of February 28, 1.901 (Loe. Acts. 1900-01, p. 1702), created a public corporation known as the Jefferson…

1Opinion of the CourtSaybe, J.

Plaintiff sued the Jefferson County Sanitary Commission, Jefferson county, and Adler & Co., in two counts, the one as for the creation, the other as for the maintenance, of the purification plant as a nuisance, charging that it emitted foul and sickening odors and noxious gases which caused plaintiff and her family to be sick, and greatly impaired the value of her property. Bulings of the trial court having resulted in the elimination of the county and the commission as parties defendant, the cause proceeded to judgment against Adler & Co. The question of leading interest is presented by…

2Cases cited9 opinions

  1. Brooklyn Life Insurance v. BledsoeSupreme Court of Alabama · 1875
  2. East Tenn., Va. & Ga. Railroad v. WatsonSupreme Court of Alabama · 1890
  3. Dallas County v. DillardSupreme Court of Alabama · 1908
  4. McVay v. StateSupreme Court of Alabama · 1893
  5. Levi L. Brown Paper Co. v. DeanMassachusetts Supreme Judicial Court · 1877

4 more not listed; retrieve them via the Exa API.

3Cited by43 opinions

  1. Smith v. StateSupreme Court of Alabama · 1913
  2. Housing Authority v. Decatur Land Co.Supreme Court of Alabama · 1953
  3. Sovereign Camp, W. O. W. v. AdamsSupreme Court of Alabama · 1920
  4. Baldwin v. McClendonSupreme Court of Alabama · 1974
  5. Hamilton v. Alabama Power Co.Supreme Court of Alabama · 1915

38 more not listed; retrieve them via the Exa API.

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