Louisville & Nashville R. R. v. Mauter
Supreme Court of Alabama
Appeal from Cullman Chancery Court. Heard before Hon. Jaímes E. Horton, Jr. Bill by Theobold Mauter against the Louisville & Nashville Railroad Company to abate a public nuisance, the obstruction of a public street. From a decree overruling demurrers to the bill respondents appeal.
1Opinion of the CourtSomerville, J.
The bill of complaint is filed to abate a public nuisance, viz., the obstruction of a public street in the town of Cullman, by the respondent companies. The bill is sub*388stantially the same as the bill exhibited in the case of S. & N. A. R. Co. v. Schauffler, 189 Ala. 58, 66 South. 502, relating to the same obstruction of the same street; and, on the authority of that case, we hold that this bill contains equity, and sufficiently shows the right of complaint to maintain the suit.(1) It is true that this bill is filed 3 years later than the Schauffler bill, and that damage occurring more than a…
2Cases cited3 opinions
- Alabama Great Southern Railroad v. BarclaySupreme Court of Alabama · 1912
- McCary v. McLendonSupreme Court of Alabama · 1915
- South & North Ala. R. R. v. SchaufflerSupreme Court of Alabama · 1914
3Cited by2 opinions
- Jordan v. McLeodSupreme Court of Alabama · 1930
- South North Alabama R. Co. v. MauterSupreme Court of Alabama · 1918