Simonetti v. Carlton
Alabama Court of Appeals
Appeal from Circuit Court, Jefferson County; Charles W. Ferguson, Judge. Action by J. T. Carlton against D. Simonetti for damages for maintaining nuisance. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Jefferson County; Charles W. Ferguson, Judge. Action by J. T. Carlton against D. Simonetti for damages for maintaining nuisance. Judgment for plaintiff, and defendant appeals. Count 2 of the complaint is as follows: The plaintiff claims of the defendant $1,000 as damages for that plaintiff is now, and has been for several years preceding the filing of this suit, the owner and occupant of the premises at No. 723 on Charles street in Birmingham, Ala., and said premises are used by the plaintiff as a residence for himself and his family and said property is located in…
1Opinion of the CourtSameord, J.
[1] .The second, copnt of the complaint as amended, and upon which the cause was tried, states a good cause of action. Adler & Co. v. Pruitt, 169 Ala. 213, 53 South. 315, 32 L. R. A. (N. S.) 889; Harris v. Randolph Lumber Co., 175 Ala. 148, 57 South. 453; Kyser v. Hertzler, 188 Ala. 658, 65 South. 967; Romano v. B. R. L. & P. Co., 182 Ala. 335, 62 South. 677, 46 L. R. A. (N. S.) 642, Ann. Cas. 1915D, 776; Code 1907, § 5198. While a stable is not per se -a nuisance, a stable in close proximity to a residence, in a residential section of a city, and kept in such condition that it is unsanitary,…
2Cases cited13 opinions
- Adler & Co. v. PruittSupreme Court of Alabama · 1910
- Birmingham Water Works Co. v. MartiniAlabama Court of Appeals · 1911
- City of Eufaula v. SimmonsSupreme Court of Alabama · 1888
- Jefferson Fertilizer Co. v. RichSupreme Court of Alabama · 1913
- Kirkland v. PilcherSupreme Court of Alabama · 1911
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3Cited by5 opinions
- Robichaux v. HuppenbauerSupreme Court of Louisiana · 1971
- Higgins & Courtney v. BlochSupreme Court of Alabama · 1927
- Penney v. StateSupreme Court of Alabama · 1934
- Robichaux v. HuppenbauerLouisiana Court of Appeal · 1970
- Robichaux v. HuppenbauerSupreme Court of Louisiana · 1971