Harris v. Randolph Lumber Co.
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. Charles W. Ferguson. Action by Enola N. Harris against the Randolph Lumber Company, for damages for maintaining a nuisance. Judgment on demurrer for defendant, and plaintiff: appeals.
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Appeal from Birmingham City Court. Heard before Hon. Charles W. Ferguson. Action by Enola N. Harris against the Randolph Lumber Company, for damages for maintaining a nuisance. Judgment on demurrer for defendant, and plaintiff: appeals. The complaint is as follows: Count 1: “The plaintiff claims of the defendant $5,000 as damages, for that plaintiff is now, and has been for several years preceding the bringing of this suit, the owner of lots 20, 21, 22, 23, and 24, in block 178, in the city of Birmingham, upon which said lots there are situated seven houses, which said houses are and have…
1Opinion of the CourtSomerville, J.
The first and second counts of the complaint, as amended, show that the defendant had for 12 months preceding operated a planing mill and sash and blind factory in a residence portion of the city of Birmingham; that said mill was located in close proximity to certain residence lots belonging to plaintiff, upon which were seven houses occupied by her tenants. The gravamen of the counts is that the operation *155of said mill and factory “necessarily creates a noise of such, volume and character as to create and be a nuisance and render said property undesirable for rental purposes, for which…
2Cases cited12 opinions
- City Delivery Co. v. HenrySupreme Court of Alabama · 1903
- Rouse v. MartinSupreme Court of Alabama · 1883
- City of Eufaula v. SimmonsSupreme Court of Alabama · 1888
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1890
- Kennon v. Western Union Telegraph Co.Supreme Court of Alabama · 1890
7 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- White v. Luquire Funeral HomeSupreme Court of Alabama · 1930
- Harbison-Walker Refractories Co. v. ScottSupreme Court of Alabama · 1914
- Higgins v. BlochSupreme Court of Alabama · 1925
- Martin Bldg. Co. v. Imperial Laundry Co.Supreme Court of Alabama · 1929
- Acker v. Protective Life Ins. Co.Supreme Court of Alabama · 1977
10 more not listed; retrieve them via the Exa API.