City of Bessemer v. Chambers

FOSTER, Justice.

There were three suits, consolidated and tried as one, on the same proof. The pleadings in all of them were the same. They claimed damages resulting from the operation by the City of Bessemer beyond its corporate limits of a garbage dump, alleging facts claiming to show the creation of a nuisance, and special damage proximately resulting to plaintiff in each case. There was a verdict for each in the same amount.

We will treat the contentions made in the order as argued by appellant’s counsel in brief.

Assignment of Error No. 1.

This relates to the sufficiency of count 1 presented…