Roanoke Guano Co. v. Saunders
Supreme Court of Alabama
Appeal from Randolph Chancery Court. Heard before Hon. W. W. Wi-iiteside. Bill by the Roanoke Guano Company against Hattie Saunders and others, to enjoin several actions at law, and to ascertain and determine the damage suffered by respondents. From a decree by respondents complainants appeal. Every question presented by the demurrers from 1 to 11 inclusive, is fully answered by the opinion in the case of Southern Steel Go. v. Hopkins, 47 South. 274; Cleveland v. Ins.
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Appeal from Randolph Chancery Court. Heard before Hon. W. W. Wi-iiteside. Bill by the Roanoke Guano Company against Hattie Saunders and others, to enjoin several actions at law, and to ascertain and determine the damage suffered by respondents. From a decree by respondents complainants appeal. Every question presented by the demurrers from 1 to 11 inclusive, is fully answered by the opinion in the case of Southern Steel Go. v. Hopkins, 47 South. 274; Cleveland v. Ins. Go., 151 Ala. 191; Morgan v. Morgan, 3 Stew. 383;' Kennedy’s Heirs v. Kennedy, 2 Ala. 571; 45 South. 861; 44 South. 161; Pom.…
1Opinion of the CourtMayfield, J.
The appellant owns and operates a fertilizer factory, and uses large quantities of sulphuric acid in manufacturing such fertilizers. The natural and necessary result of the use of these acids is that sulphuric fumes and vapors in large quantities are emitted from the factory, and these gases and vapors are noxious and offensive to the inhabitants of the immediate vicinity, and are more or less injurious, if not destructive, to vegetable life near the said plant.
*349The appellees, each of whom, was the owner of land near the appellant’s factory, brought actions in the circuit court of Randolph…
2Cases cited5 opinions
- Tribette v. Illinois Central RailroadMississippi Supreme Court · 1892
- Turner v. City of MobileSupreme Court of Alabama · 1902
- Southern Steel Co. v. HopkinsSupreme Court of Alabama · 1908
- Crawford v. Mobile, Jackson & Kansas City RailroadMississippi Supreme Court · 1903
- Whitlock v. Yazoo & Mississippi Valley RailroadMississippi Supreme Court · 1907
3Cited by33 opinions
- Cullman Property Co. v. H. H. Hitt Lumber Co.Supreme Court of Alabama · 1917
- Hamilton v. Alabama Power Co.Supreme Court of Alabama · 1915
- Ex Parte State Mutual Ins. Co.Supreme Court of Alabama · 1997
- O'Dell v. StateSupreme Court of Alabama · 1959
- Southern Steel Co. v. HopkinsSupreme Court of Alabama · 1911
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