City of Tuscaloosa v. Standard Oil Co.

The question for decision is: Under the circumstances, conditions, and surroundings, will the proposed filling station constitute a nuisance per accidens?

The action of the building inspector in refusing the permit of petitioner was sustained by the Board of Appeals. And petition for mandamus was filed in the circuit court to Compel said inspector to issue the building permit in question.

The trial thereof was upon oral evidence before the court rendering judgment overruling denial of the desired permit.

The decisions as to filling stations in residential sections are to the effect that they-are…