McCraney v. City of Leeds

BOULDIN, Justice.

On former appeal the bill was sustained 'against demurrer. That decision, McCraney v. City of Leeds, 239 Ala. 143, 194 So. 151, discloses the substantial averments of the bill. They need not be here repeated.

The present appeal is from a final decree on pleadings and proof granting complainant relief.

We deem it fully settled in this jurisdiction that a permanent structure upon any portion of a public street, employed in the conduct of a private business on the street, may be abated as a public nuisance. It is invasive of the public right in the free and uninterrupted use of…