1st Avenue Coal & Lumber Co. v. Johnson
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benneks. Bill by T. F. Johnson against the 1st Avenue C'oal & Lumber Company, for an injunction to abate a nuisance alleged to be continuous in its character. From a decree overruling demurrers to the bill, respondent appeals.
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Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benneks. Bill by T. F. Johnson against the 1st Avenue C'oal & Lumber Company, for an injunction to abate a nuisance alleged to be continuous in its character. From a decree overruling demurrers to the bill, respondent appeals. Under section 5193 and section 5196, Code 1907, the nuisance complained of ivas a public nuisance, and the effort to abate is must be made in the name of the state. — Joyce on Nuisances, § 32. An injunction will not be granted to abate a nuisance if the industry is a lawful one, and there is any doubt of…
1Opinion of the CourtMayfield, J.
The bill was filed to abate an alleged nuisance. The nuisance is allaged to consist in the maintenance of a planing mill and a coalyard and bins in the town of Woodlawn, now a part of Greater Birmingham, Ala., in a residence portion of said town or city, and so near to the residence of complainant as to render the habitation thereof undesirable, unpleasant, and burdensome by reason of the great noise, vibrations, and dust caused by and attending the operation of these plants. The location of the plants is alleged to be just across the street from, and in front of, plaintiff’s residence. It is…
2Cases cited8 opinions
- State v. GoodwillWest Virginia Supreme Court · 1889
- State v. JulowSupreme Court of Missouri · 1895
- Laugel v. City of BushnellIllinois Supreme Court · 1902
- Hundley v. HarrisonSupreme Court of Alabama · 1898
- State v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- White v. Luquire Funeral HomeSupreme Court of Alabama · 1930
- Hein v. LeeWyoming Supreme Court · 1976
- Gillette v. TysonSupreme Court of Alabama · 1929
- Davis v. City of MobileSupreme Court of Alabama · 1943
- Huebschmann v. Grand CompanyCourt of Appeals of Maryland · 1934
26 more not listed; retrieve them via the Exa API.