Central of Ga Ry. Co. v. Champion
Supreme Court of Alabama
Bill to Atate Continuing Nuisance, and for Damage. Appeal from Shelby Chancery Court. Heard before Hon. W. W. Whiteside. Bill by S. Z. T. Champion against tbe Central of Georgia Railway Company to abate a contiuing nuisance, and for damages. Decree for complainant and respondent appeals. Counsel insist that under tbe facts in this case tbe damages awarded were too great and that tbe cause should be reversed and remanded.
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Bill to Atate Continuing Nuisance, and for Damage. Appeal from Shelby Chancery Court. Heard before Hon. W. W. Whiteside. Bill by S. Z. T. Champion against tbe Central of Georgia Railway Company to abate a contiuing nuisance, and for damages. Decree for complainant and respondent appeals. Counsel insist that under tbe facts in this case tbe damages awarded were too great and that tbe cause should be reversed and remanded. As to tbe measure of damages, we cite, Sedgwick on Dam., Sec. 942. Tbe equity of tbe bill was declared on a former appeal. — C. of G. v. Champion, 160 Ala. 517. Where tbe…
1Opinion of the CourtSimpson, J.
The original bill in this case was filed to abate a continuing nuisance, and to recover damages therefor; said nuisance consisting of the closing of a trestle, thereby causing the lands of complainant to be overflowed, resulting in the destruction of the rental value of the lands, the destruction of timber, the damage which would result from the condition of the land being so affected that it would require time and money to place it back into cultivation, and in the noxious smells, produced by the overflowing waters, affecting the comfort of complainant’s home and the health of himself and…
2Cases cited5 opinions
- Whaley v. WilsonSupreme Court of Alabama · 1896
- Jones v. WhiteSupreme Court of Alabama · 1895
- Harper v. Raisin Fertilizer Co.Supreme Court of Alabama · 1906
- York v. StateSupreme Court of Alabama · 1908
- Central of Georgia Railway Co. v. ChampionSupreme Court of Alabama · 1909
3Cited by3 opinions
- Yolande Coal & Coke Co. v. PierceAlabama Court of Appeals · 1915
- Jones v. Tennessee Coal, Iron R. Co.Supreme Court of Alabama · 1918
- Jones v. Tennessee Coal, Iron & R.Supreme Court of Alabama · 1918