Sloss-Sheffield Steel & Iron Co. v. Johnson
Supreme Court of Alabama
Appeal from Jeiferson Chancery Court. Heard before Hon. A. IT. Benners. This was a bill by Johnson to abate a public and private nuisance arising from the obstruction of certain streets in the city of Birmingham, by the dumping of slag into them by the Sloss-Sheffield Steel & 'Iron Co. The case made by the bill together with the facts are sufficiently stated in the opinion of the court.
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Appeal from Jeiferson Chancery Court. Heard before Hon. A. IT. Benners. This was a bill by Johnson to abate a public and private nuisance arising from the obstruction of certain streets in the city of Birmingham, by the dumping of slag into them by the Sloss-Sheffield Steel & 'Iron Co. The case made by the bill together with the facts are sufficiently stated in the opinion of the court. In order for a private individual to maintain a bill for the purposes sought in the case at bar, it must bé avered and shown not only that the complainant sustains some special injury to himself, distinct and…
1Opinion of the CourtTyson, J.
This is the case of a bill filed by the appellee to abate .a public and private nuisance arising from obstructing streets in the city of Birmingham by dumping therein slag from a furnace. The appellant demurred to the bill, and, the demurrer being overruled, this appeal is prosecuted to reverse the decree of the lower court.
*386The complainant is the owner of a.block of city property, which, it seems, is east of the alleged obstructions placed in the streets by the appellant; and the allegation making out the public nuisance is that the streets are, and long have been, dedicated to public uses as…
2Cases cited12 opinions
- In Re DebsSupreme Court of the United States · 1895
- State of Penn. v. THE WHEELING &C. BRIDGE CO.Supreme Court of the United States · 1852
- City of Georgetown v. THE ALEXANDRIA CANAL COMPANY, &C.Supreme Court of the United States · 1838
- Columbus & Western Railway Co. v. WitherowSupreme Court of Alabama · 1886
- Bigley v. NunanCalifornia Supreme Court · 1879
7 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Memphis St. Ry. Co. v. Rapid Transit Co.Tennessee Supreme Court · 1915
- Brown v. Florida Chautauqua Ass'nSupreme Court of Florida · 1910
- Purvis v. BuseySupreme Court of Alabama · 1954
- Duy v. Alabama Western Railway Co.Supreme Court of Alabama · 1911
- Chichester v. KromanSupreme Court of Alabama · 1930
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