Beam v. Birmingham Slag Co.

BOULDIN, Justice.

Action to recover damages alleged to have been suffered from maintaining a private nuisance. At the conclusion of plaintiff’s evidence, the trial court sustained a motion to strike same because insufficient to sustain the action, and dismissed the case. The cause was tried on Count Six of the complaint (set out in report of the case) and plea in short by consent.

Plaintiff’s evidence disclosed ownership of the several lots, with residences thereon. Lot 115 is the residence property of plaintiff and family. The others are rental properties. It appeared one rental lot was within…