Central Iron & Coal Co. v. Vandenheuk
Supreme Court of Alabama
Appeal from Tuscaloosa Chancery Court. Heard before Hon. Alfred H. Benners. Bill by J. W. Yandenheuk to abate a continuing nuisance alleged to grow out of the constant throwing of rocks and other debris upon his house caused by blasting done by the respondents, the Central Iron & Coal Company. The facts sufficiently appear in the opinion of the court. From a judgment granting complainant relief this appeal was prosecuted.
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Appeal from Tuscaloosa Chancery Court. Heard before Hon. Alfred H. Benners. Bill by J. W. Yandenheuk to abate a continuing nuisance alleged to grow out of the constant throwing of rocks and other debris upon his house caused by blasting done by the respondents, the Central Iron & Coal Company. The facts sufficiently appear in the opinion of the court. From a judgment granting complainant relief this appeal was prosecuted. For such injury as the throwing of stones on complainant’s land and house causes him, he has a plain and adequate remedy at law. —Deegan v. Neville, 127 Ala. 471; Kella/r v.…
1Opinion of the CourtAnderson, J.
It is an elementary principle in reference to private rights that every individual is entitled to the undisturbed possession and enjoyment of his own property. The mode of enjoyment is necessarily limited by the rights of others; otherwise, it might be made destructive to their rights altogether. In the case of Hay v. Cohoes, 2 N. Y. 159, 51 Am. Dec. 279, where the declaration charged that by the defendant and its agents and servants, while constructing a canal on their own premises, which they had the right and authority to do, large quantities of gravel, slate, and stone were thrown upon…
2Cases cited5 opinions
- Hay v. . the Cohoes CompanyNew York Court of Appeals · 1849
- Sullivan v. . DunhamNew York Court of Appeals · 1900
- People's Gas Co. v. TynerIndiana Supreme Court · 1892
- Hill v. SchneiderAppellate Division of the Supreme Court of the State of New York · 1897
- Wilson v. MeyerSupreme Court of Alabama · 1905
3Cited by17 opinions
- Bessemer Coal, Iron & Land Co. v. DoakSupreme Court of Alabama · 1907
- Howell v. City of DothanSupreme Court of Alabama · 1937
- Harper v. Regency Development Co., Inc.Supreme Court of Alabama · 1981
- Ledbetter-Johnson Company v. HawkinsSupreme Court of Alabama · 1958
- Milbert v. Carl Carbon, Inc.Idaho Supreme Court · 1965
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