City of Bessemer v. Pope

This is a suit for damages by J. C. Pope against the city of Bessemer for maintaining and operating a nuisance in the form of a trash or dump pile, where quantities of garbage, trash, and débris were placed close to the residence of the plaintiff, and the offensive odors from it rendered “his home less pleasant and habitable,” and the vile and offensive odors from it vexed and annoyed him and caused him mental pain and anguish. The trial resulted in a verdict by a jury in favor of the plaintiff, judgment thereon by the court, and this appeal is by the defendant from it.

There are four counts…