Bigbee Fertilizer Co. v. Scott
Alabama Court of Appeals
Appeal, from Montgomery City Court. Heard before Hon. William H. Thomas. Action by Adelaide Scott against the Bigbee Fertilizer Company, for damages for maintaining a nuisance' resulting in injury to ber crops and land. Judgment for plaintiff and defendant appeals.
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Appeal, from Montgomery City Court. Heard before Hon. William H. Thomas. Action by Adelaide Scott against the Bigbee Fertilizer Company, for damages for maintaining a nuisance' resulting in injury to ber crops and land. Judgment for plaintiff and defendant appeals. Tbe court erred in overruling demurrers to tbe complaint, as it has often been decided that only damages which have-been done during the year preceding the filing of the-complaint can be recovered. — Tutwiler O. & I. Oo. v.. Wichols, 39 South. 762; Ala. O. O. & I. Go. v. Vines, 151 Ala 398; Sloss-Sheffield v. Sampson, 48 South.…
1Opinion of the Court
de GRAFFENRIED, J.
This suit was brought by appellee against appellant for damages which appellee alleges in her complaint she suffered because of the maintenance by appellant of a nuisance near her premises.
The complaint alleges, in substance, that the appellant is engaged in the business of manufacturing fertilizers, and that it owns and operates a fertilizer plant situated about one-sixth of a mile from 37 acres of land, the property of the plaintiff; that in the operation of its said fertilizer plant the appellant. generated flourine gas, and. permitted the same to escape through its pipes…
2Cases cited12 opinions
- Atlanta & Birmingham A. L. Ry. v. BrownSupreme Court of Alabama · 1908
- Teller v. Bay and River Dredging Co.California Supreme Court · 1907
- Bell v. ReynoldsSupreme Court of Alabama · 1885
- Alabama Great Southern Railroad v. JonesSupreme Court of Alabama · 1882
- Steiner Bros. v. TranumSupreme Court of Alabama · 1893
7 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Jefferson Fertilizer Co. v. RichSupreme Court of Alabama · 1913
- United Verde Extension Mining Co. v. RalstonArizona Supreme Court · 1931
- Northern Ind. Pub. S. Co. v. W.J. and M.S. VeseyIndiana Supreme Court · 1936
- United Verde Copper Co. v. JordanCourt of Appeals for the Ninth Circuit · 1926
- Amsouth Bank, N.A. v. City of MobileSupreme Court of Alabama · 1986
7 more not listed; retrieve them via the Exa API.