City of Bessemer v. Abbott

The gravamen of the complaint is that the defendant “did erect, maintain, and construct an incinerator for cremation of dead animals, garbage, filth, and all kinds of debris from the city of Bessemer, so contiguous to, with such proximity, and so near to plaintiff’s property; and did haul to said place and deposit thereat said débris, said dead animals, and such filth; and did haul same in open wagons, and create such odors, vapors, stenches, and offense until the same was a nuisance to this plaintiff and his family.”

As we construe the complaint, it charges that the defendant municipality has…