Birmingham Ry. L. & P. Co v. Moran
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. Alfred H. Benners. Bill by Mabel Moran and others against the Birmingham Railway, Light & Power Company, to enjoin the closing and obstruction of an alley way in the rear of their property, and to open the same.
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Appeal from Jefferson Chancery Court. Heard before Hon. Alfred H. Benners. Bill by Mabel Moran and others against the Birmingham Railway, Light & Power Company, to enjoin the closing and obstruction of an alley way in the rear of their property, and to open the same. From a decree for complainants, respondents appeal. —In order for a private citizen to maintain a bill to enjoin the commission of a public nuisance he must show material and irreparable damage, which is special and peculiar to himself, and not suffered by him in common with the public at large. — Pom. Eq. Jur. (3rd Ed.) § 1349,…
1Opinion of the CourtSimpson, J.
The bill in this case was filed by the appellees (complainants) against appellant, alleging ownership of certain lots in Birmingham by complainants, back of which there is an alley, which alley it is claimed has been obstructed by the building and operation of a railroad thereon, and by the building of a fence and gate across it, thus inclosing said alley. It also makes other allegations about obstructing sail alley by allowing cars to stand thereon, and also by leaving accumulations of coal thereon, so as to completely obstruct it. From the -descriptions of the obstructions it appears that,…
2Cases cited7 opinions
- First National Bank v. TysonSupreme Court of Alabama · 1901
- Douglass v. City CouncilSupreme Court of Alabama · 1897
- First National Bank v. TysonSupreme Court of Alabama · 1905
- Dennis v. Mobile & Montgomery Railway Co.Supreme Court of Alabama · 1902
- Louisville & Nashville Railroad v. Mobile, Jackson & Kansas City RailroadSupreme Court of Alabama · 1899
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3Cited by9 opinions
- Meighan v. Birmingham Terminal Co.Supreme Court of Alabama · 1910
- Duy v. Alabama Western Railway Co.Supreme Court of Alabama · 1911
- Revard v. HuntSupreme Court of Oklahoma · 1911
- State ex rel. Sylvester v. Superior CourtWashington Supreme Court · 1910
- Continental Paper & Bag Corp. v. Jacksonville Paper Co.Supreme Court of Alabama · 1936
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