Daniel v. Birmingham Dental Mfg. Co.

In Norton v. Randolph, 176 Ala. 381, 58 South. 283, 40 L. R. A. (N. S.) 129, Ann. Cas. 1915A, 714, we held that a “spite fence,” as there defined, is a nuisance which may be abated by injunction from a court of equity.

To bring a case within the principle there announced, we said that—

“it should be distinctly alleged, not only that the structure complained of is entirely useless to the respondent, and without value to his property, but also that it was maliciously erected for the purpose of injuring complainant in the use and enjoyment of his property.”

In Norton v. Randolph, supra, the…