South & North Ala. R. R. v. Schauffler
Supreme Court of Alabama
Appeal from Cullman Chancery Court. Heard before Hon. William H. Simpson. Bill by Veronica Schaufler against the South & North Alabama Railroad Company, to- abate a public nuisance, and incidentally, for damages. Decree for complainant and respondent appeals.
1Opinion of the CourtMayfield, J.
This is a bill by an individual to abate a public nuisance, and incidentally to -have a decree for damages in consequence thereof. The nuisance alleged is the obstruction of a public street, by changing the grade of the railroad track where it crosses the street. Plaintiff lives upon and owns property abutting the street obstructed, but not abutting the obstructed portion. It is alleged that the obstruction causes plaintiff to take á more circuitous route to and from portions of the city of Cullman, and that she suffers damages in consequence thereof. There was demurrer to the bill, for want…
2Cases cited1 opinion
- Alabama Great Southern Railroad v. BarclaySupreme Court of Alabama · 1912
3Cited by4 opinions
- Stack v. Tennessee Land Co.Supreme Court of Alabama · 1923
- Gulf States Steel Co. v. BeveridgeSupreme Court of Alabama · 1923
- Jordan v. McLeodSupreme Court of Alabama · 1930
- Louisville & Nashville R. R. v. MauterSupreme Court of Alabama · 1917