Jones v. Jefferson County
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; J. C. B. Gwin, Judge. Action by Leo Jones and others against the County of Jefferson. Judgment for plaintiffs. From grant of new trial plaintiffs appeal, and defendant by way of cross-appeal assigns as error rulings on original trial.
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Appeal from Circuit Court, Jefferson County; J. C. B. Gwin, Judge. Action by Leo Jones and others against the County of Jefferson. Judgment for plaintiffs. From grant of new trial plaintiffs appeal, and defendant by way of cross-appeal assigns as error rulings on original trial. The action is against the county of Jefferson for polluting the stream known as Valley creek, resulting from the maintenance and operation of a sewerage plant above plaintiff’s. land, whereby sewerage is collected and discharged into said creek from defendant’s tanks or vats. The complaint, as amended, does not show…
1Opinion of the CourtSomerville, J.
The gravamen of the complaint is the operation by defendant of a sewage plant, whereby a large volume of sewage is collected on the hanks of Valley creek in tanks and vats, from which quantities of foul and poisonous substances and fluids are discharged into tbe creek, poisoning its waters, and rendering them unfit for use, and producing an intolerable stench upon and adjoining lands of plaintiffs, interfering with or preventing their cultivation and their use for stock or for human habitation.
[1] It is settled by the decisions of this court, and is, Indeed, a generally recognized principle…
2Cases cited18 opinions
- Doe ex dem Duval's heirs v. McLoskeySupreme Court of Alabama · 1840
- Askew v. Hale CountySupreme Court of Alabama · 1875
- Adler & Co. v. PruittSupreme Court of Alabama · 1910
- Hamilton v. Alabama Power Co.Supreme Court of Alabama · 1915
- Barfield v. Macon CountySupreme Court of Georgia · 1899
13 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Lorence v. Hospital Bd. of Morgan CountySupreme Court of Alabama · 1975
- Crowson v. CodySupreme Court of Alabama · 1926
- Dean v. County Board of EducationSupreme Court of Alabama · 1923
- Laney v. Jefferson CountySupreme Court of Alabama · 1947
- Granite Oil Securities, Inc. v. Douglas CountyNevada Supreme Court · 1950
19 more not listed; retrieve them via the Exa API.