Alabama Great Southern R. Co. v. Denton

BOULDIN, Justice.

The appeal is from a decree overruling demurrers to a bill in equity. The bill seeks by mandatory injunction the abatement of an alleged public nuisance at the suit of a citizen suffering special injury therefrom. The alleged public nuisance is the obstruction and closing of a public road across the tracks and right of way of respondent railroad company.

The case made by the bill is in substance as follows:

Complainant owns and resides upon a farm located east of and near the tracks and right of way of the railroad. A part of the western boundary of the farm is along an old…