City of Prichard v. Alabama Power Co.

BROWN, Justice.

The appeal is from an interlocutory decree sustaining the defendant’s demurrer to the amended bill.

The bill, filed by the appellant, seeks a mandatory injunction compelling the appellee to remove its poles and wires from the public streets within the corporate limits of the municipality, on the ground that they are a public nuisance.

The bill alleges that the complainant was incorporated August'12, 1925; that prior thereto the streets designated by name in the amended bill had been laid out, opened up, and dedicated to the public as public “streets and roads” in Mobile county,…