Shelby Iron Co. v. Greenlea
Supreme Court of Alabama
Appeal from Shelby Circuit Court. Heard before Hon. Hugh D. Merrill. Action by H. L. Greenlea against the Shelby Iron Works, for damages for maintaining a nuisance, a pond. Judgment for plaintiff and defendant, appeals. Plea 8 was good, and the court erred in sustaining demurrers thereto. — Ala. G. G. é I. Go. v. Turner, 145 Ala. 639. Counsel discuss the evidence and insist that its admission was clearly erroneous, but they cite no authority.
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Appeal from Shelby Circuit Court. Heard before Hon. Hugh D. Merrill. Action by H. L. Greenlea against the Shelby Iron Works, for damages for maintaining a nuisance, a pond. Judgment for plaintiff and defendant, appeals. Plea 8 was good, and the court erred in sustaining demurrers thereto. — Ala. G. G. é I. Go. v. Turner, 145 Ala. 639. Counsel discuss the evidence and insist that its admission was clearly erroneous, but they cite no authority. The argument of counsel objected to was improper and objection should have been sustained. — Greenl. on Evid. sec. 238; Hemes v. State, 88 Ala. 37.
1Opinion of the CourtMayfield, J.
— This is an action to recover damages on account of the maintaining of a nuisance, consisting of a pond, on the premises of the defendant. The pond was used for the purpose of washing iron ore, and in consequence of such use of it the earth washed out of the ore settled as a sediment or mud, known in mining parlance as a “slush pond.” It was alleged that this pond became “infected and infested with numerous frogs, *498and plasmodium malarise, and mosquitoes; that water and mud was made to flow7 and stand upon said property for the 12 months’ time just preceding the filing of this suit by reason…
2Cases cited4 opinions
- State ex rel. Violett v. KingSupreme Court of Louisiana · 1894
- Alabama Great Southern Railroad v. BarclaySupreme Court of Alabama · 1912
- Fort Worth & Rio Grande Railway Co. v. GlennTexas Supreme Court · 1904
- Lurssen v. LloydCourt of Appeals of Maryland · 1892
3Cited by10 opinions
- Anderson v. StateSupreme Court of Alabama · 1922
- Smith v. StateSupreme Court of Alabama · 1916
- Alabama Iron & Fuel Co. v. BenenanteAlabama Court of Appeals · 1914
- Courtaulds Fibers, Inc. v. LongSupreme Court of Alabama · 2000
- Martin Bldg. Co. v. Imperial Laundry Co.Supreme Court of Alabama · 1929
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