McClung v. Louisville & N. R. Co.

FOSTER, Justice.

This is an appeal from a final decree denying relief to complainants and dismissing their bill. The bill sought an abatement of certain operations which are claimed to constitute a nuisance. Complainants, appellants here, have homes situated on Lanark Road in Birmingham, on the southern slope of Red Mountain overlooking English Village, also called Hedona.

About fifty' years before complainants filed their bill, the Louisville and Nashville Railroad Company, a respondent here, constructed a branch line from its main line to Boyles. There were several ore mines then in operation…