MacHer v. Farmers' & Ginners' Cotton Oil Co.
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; Charles W. Ferguson, Judge. Action by Barbara Macher against the Farmers’ & Ginners’ Cotton Oil Company for damages for maintaining a nuisance. From judgment for defendant, plaintiff appeals. A question of negligence ■ is not involved in this case. 161 Ala. 285, 49 South. 851; 175 Ala. 156, 57 South. 453; 184 Ala. 496, 63 South. 470; 12 Ala. App. 431, 68 South. 563; 1 Ala.
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Appeal from Circuit Court, Jefferson County; Charles W. Ferguson, Judge. Action by Barbara Macher against the Farmers’ & Ginners’ Cotton Oil Company for damages for maintaining a nuisance. From judgment for defendant, plaintiff appeals. A question of negligence ■ is not involved in this case. 161 Ala. 285, 49 South. 851; 175 Ala. 156, 57 South. 453; 184 Ala. 496, 63 South. 470; 12 Ala. App. 431, 68 South. 563; 1 Ala. App. 311, 55 South. 932. Neither is wrongful construction or operation. 158 Ala. 578, 48 South. 102; 177 Ala. 456, 59 South. 210; 182 Ala. 341, 62 South. 677, 46 L. R. A. (N. S.)…
1Opinion of the CourtThomas, J.
The complaint, as originally filed in one count by Charles and Barbara Macher, husband and wife, was for the negligence of defendant in the operation of its manufacturing plant to their damage.
Before or on the second trial amendment was made by striking as a party plaintiff diaries Macher (Brookside-Pratt Mining Co. v. McAllister, 196 Ala. 110, 72 South. 18; Roanoke Guano Co. v. Saunders, 173 Ala. 347, 362, 56 South. 198, 35 L. R. A. [N. S.] 491), by withdrawing counts 1 and 2, and by adding count three.
The gravamen of the count on which the trial was had (3) was that in the operation of its…
2Cases cited25 opinions
- Southern Railway Co. v. LewisSupreme Court of Alabama · 1910
- Sloss-Sheffield Steel & Iron Co. v. MitchellSupreme Court of Alabama · 1909
- Howton v. MathiasSupreme Court of Alabama · 1916
- Roanoke Guano Co. v. SaundersSupreme Court of Alabama · 1911
- City of Eufaula v. SimmonsSupreme Court of Alabama · 1888
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3Cited by3 opinions
- American Book Co. v. StateSupreme Court of Alabama · 1927
- Poole v. GriffithSupreme Court of Alabama · 1927
- United Steel Workers Union, Afl-Cio v. ManleySupreme Court of Alabama · 1957