Jefferson Fertilizer Co. v. Rich
Supreme Court of Alabama
Appeal from Bessemer City Court. Heard before Hon. J. C. B. Gwin. Action by R. H. Rich and wife against the Jefferson Fertilizer Company for damages done their joint interest in their home and premises by the emission of noxious and unwholesome fumes and gases from defendant’s fertilizer, plant. Judgment for plaintiffs and defendant appeals. There was a misjoinder of parties plantiff. — 15 Ene.
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Appeal from Bessemer City Court. Heard before Hon. J. C. B. Gwin. Action by R. H. Rich and wife against the Jefferson Fertilizer Company for damages done their joint interest in their home and premises by the emission of noxious and unwholesome fumes and gases from defendant’s fertilizer, plant. Judgment for plaintiffs and defendant appeals. There was a misjoinder of parties plantiff. — 15 Ene. P. & P. 541; 30 Cyc. 112-15; 1 Sutherland on Damages, secs. 134-7-8. The complaint was defective for failure to- show that the damages claimed was suffered within a period of twelve months before the…
1Opinion of the Court
de GRAFFENRIED, J.
The plaintiffs, R. D. Rich and Della Rich, who are husband and wife, own, as tenants in common, a house and lot in the city of Bessemer, which is now, and for many years has been, occupied by them as a home. After the above parties had begun to occupy said property as a home, the defendant, the Jefferson Fertilizer Company, bought a lot several hundred yards from said home, erected a fertilizer plant thereon, and, since said plaint was erected, has continuously manufactured fertilizers for. commercial purposes there.
Mr. and Mrs. Rich maintain that, in the manufacture of…
2Cases cited6 opinions
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
- Birmingham Water Works Co. v. MartiniAlabama Court of Appeals · 1911
- Huss v. Central Railroad & Banking Co.Supreme Court of Alabama · 1880
- Hosmer v. Republic I. & S. Co.Supreme Court of Alabama · 1913
- Bigbee Fertilizer Co. v. ScottAlabama Court of Appeals · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Baldwin v. McClendonSupreme Court of Alabama · 1974
- Millett v. Minnesota Crushed Stone Co.Supreme Court of Minnesota · 1920
- City of Birmingham v. PrickettSupreme Court of Alabama · 1921
- Brown Funeral Homes Ins. Co. v. BaughnSupreme Court of Alabama · 1933
- Holder v. Elmwood CorporationSupreme Court of Alabama · 1936
22 more not listed; retrieve them via the Exa API.