Nevins v. McGavock

Appellees, owning and occupying homes on lots abutting upon Linden street in the city of Birmingham, filed this bill against appellant, seeking an injunc tion against the erection near their premises of a two-story garage, to be used for public storage and service for hire of automobiles.

This appeal is from a decree overruling the motion to dissolve the preliminary injunction and the demurrer interposed. Upon the motion, the answer and numerous affidavits were considered. All the authorities agree that such a garage as proposed is not a nuisance per se, but a lawful and useful business; but a…