Jackson v. Birmingham Foundry & Machine Co.
Supreme Court of Alabama
Appeal from Birmingliam City Court. Heard before Hon. Charles A. Senn. Bill by J. F. B. Jackson against the Birmingham Foundry Si Machine Company. From a decree in favor of defendant, complainant appeals.
Read the full summary
Appeal from Birmingliam City Court. Heard before Hon. Charles A. Senn. Bill by J. F. B. Jackson against the Birmingham Foundry Si Machine Company. From a decree in favor of defendant, complainant appeals. The jurisdiction of a court of equity to abate a public nuisance is well established in onr jurisdiction and a private person can maintain bill to abate such nuisance when it is shown that he has suffered a special injury different from that suffered by the public at large. — Whaley v. Wilson. 112 Ala. 627; Roberts v. Malth'ems, 137 Ala. 524; 9 A..& E. Ency. of Law, 63-64. On the question of…
1Opinion of the CourtMcCLELLAN, J.
This bill presents the complaint of a proprietor of lots in an unincorporated suburb of the city of Birmingham, and seeks the abatement of alleged public nuisances resulting from the asserted unlawful obstruction by respondent (appellee) of what are called in the pleadings Bibb and Pickens streets. While the bill complains against the obstruction of Pick-ens street, the complainant, in his testimony, detailing a conversation with President Boland, of the respondent company, in which complainant made demand for the removal of the obstruction from Bibb street, says: “I don’t recollect that I…
2Cases cited8 opinions
- Sadler v. LanghamSupreme Court of Alabama · 1859
- Webb v. City of DemopolisSupreme Court of Alabama · 1891
- In re Melon StreetSupreme Court of Pennsylvania · 1897
- First National Bank v. TysonSupreme Court of Alabama · 1901
- City of Demopolis v. WebbSupreme Court of Alabama · 1888
3 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Meighan v. Birmingham Terminal Co.Supreme Court of Alabama · 1910
- Joseph G. Givens v. AL Dept. of CorrectionsCourt of Appeals for the Eleventh Circuit · 2004
- State Ex Rel. State Highway Commission v. SilvaNew Mexico Supreme Court · 1962
- Purvis v. BuseySupreme Court of Alabama · 1954
- Highland Realty Co. v. Avondale Land Co.Supreme Court of Alabama · 1911
17 more not listed; retrieve them via the Exa API.