Steel Cities Chemical Co. v. Jenkins
Alabama Court of Appeals
Appeal from Circuit Court, Jefferson Coun-ty; Romaine Boyd, Judge. Action by Henry Jenkins against the Steel Cities Chemical Company for damages for injury to his premises. Judgment for plaintiff, and defendant appeals. The complaint charged, in substance, that the defendant wrongfully caused damage to the property of the plaintiff by wrongfully causing noxious odors, gas, and dust to be wafted or blown upon plaintiff’s property and to surround his premises.
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Appeal from Circuit Court, Jefferson Coun-ty; Romaine Boyd, Judge. Action by Henry Jenkins against the Steel Cities Chemical Company for damages for injury to his premises. Judgment for plaintiff, and defendant appeals. The complaint charged, in substance, that the defendant wrongfully caused damage to the property of the plaintiff by wrongfully causing noxious odors, gas, and dust to be wafted or blown upon plaintiff’s property and to surround his premises. The defendant owned and operated an industrial plant for the manufacture of sulphuric acid, situated in the general industrial district,…
1Opinion of the CourtSamford, J.
[1] On the trial of the ease the defendant moved the court to strike from the complaint as an element of damage the allegation that the health of the other members of plaintiff’s family was greatly impaired. The health, not only of the plaintiff, but also of the plaintiff’s wife, his family, and its different members, are elements of damage to which the plaintiff is entitled in a suit of this character. The court therefore properly overruled this motion. 4 Sutherland on Damages, par. 1051, p. 3903.
[2] The court also properly overruled the defendant’s motion to strike from the complaint as an…
2Cases cited4 opinions
- Sloss-Sheffield Steel & Iron Co. v. MitchellSupreme Court of Alabama · 1909
- Highland Avenue & Belt Railroad v. MatthewsSupreme Court of Alabama · 1892
- Jefferson Fertilizer Co. v. RichSupreme Court of Alabama · 1913
- Central Georgia Power Co. v. PopeSupreme Court of Georgia · 1913
3Cited by3 opinions
- Union Cemetery Co. v. HarrisonAlabama Court of Appeals · 1924
- Corona Coal Co. v. CorrySupreme Court of Alabama · 1923
- J. P. Morgan Paving Co. v. ShoemakerSupreme Court of Alabama · 1925