Ex Parte Ashworth
Supreme Court of Alabama
• Certiorari to Court of Appeals. Petition by John Ashworth for certiorari to the Court of Appeals, to review and revise the, judgment and decision of said court rendered in the case of Birmingham Railway, Light & Power Co. v. John Ashworth, 86 South. 82. The creation or maintenance of an obstruction may be a nuisance, although otherwise lawful. Sections 5193 and 5198, Code 1907. Every grant or privilege is subject to^amendment, alteration, or revocation.
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• Certiorari to Court of Appeals. Petition by John Ashworth for certiorari to the Court of Appeals, to review and revise the, judgment and decision of said court rendered in the case of Birmingham Railway, Light & Power Co. v. John Ashworth, 86 South. 82. The creation or maintenance of an obstruction may be a nuisance, although otherwise lawful. Sections 5193 and 5198, Code 1907. Every grant or privilege is subject to^amendment, alteration, or revocation. Section 22, Const. 1901. Any one getting a franchise from the city takes it subject to the right of the city to grant-another, and must so…
1Opinion of the CourtBrown, J.
This action is by John Ash-worth against the Birmingham Railway, Light & Power Company to recover damages alleged to have resulted to the plaintiff from an obstruction in Fairfax avenue, a public street in the city of Bessemer, • and the willful and negligent failure and refusal of the defendant to remove such obstruction after demand made on it by the plaintiff.
The plaintiff, Ashworth, was under a contract with one Bradley to remove a building from one point on Fairfax avenue to another point on said avenue, a distance of about three blocks. The complaint alleges that as a proximate…
2Cases cited10 opinions
- Barney v. KeokukSupreme Court of the United States · 1877
- Webb v. City of DemopolisSupreme Court of Alabama · 1891
- Port of Mobile v. Louisville & Nashville RailroadSupreme Court of Alabama · 1887
- Scharfenburg v. Town of New DecaturSupreme Court of Alabama · 1908
- O'Brien v. City of Saint PaulSupreme Court of Minnesota · 1872
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Lore v. Town of DouglasWyoming Supreme Court · 1960
- City of Mobile v. FarrellSupreme Court of Alabama · 1934
- Phenix City v. Alabama Power Co.Supreme Court of Alabama · 1940
- Giglio v. BarrettSupreme Court of Alabama · 1922
- Densmore v. City of BirminghamSupreme Court of Alabama · 1931
5 more not listed; retrieve them via the Exa API.