Terrell v. Alabama Water Service Co.

FOSTER, Justice.

Many of the questions presented on this appeal relate to the contention that a defendant is liable for damages proximately resulting from an alleged nuisance in a public road or highway, which he did not actively create but' had not remedied when he owed plaintiff a duty to do- so, without regard to the inquiry of whether he was negligent in its creation or maintenance, and without regard to the question of whether plaintiff was also. negligent proximately contributing to his own injury.

The contention is better understood by observing that defendant has and maintains a water…