Grady v. Wolsner
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before Hon. John Elliott. This was an action on the case for damages,. by the appellee against the appellant.
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Appeal from the Circuit Court of Mobile. Tried before Hon. John Elliott. This was an action on the case for damages,. by the appellee against the appellant. The appellant erected in his house, adjoining the appellees, a cooking range or stove so near to the partition wall that the ordinary use of the range or stove injured the appellee’s goods, as well as his building, and his business, by making his room uncomfortable and disagreeable to stay'in, and thereby drive away customers from appellee, who kept a bar, &o. After.erecting the range or stove, appellant let the premises to a tenant who…
1Opinion of the Court
! B. F. SAFFOLD, J,
That the action will lie is plain. Every one must use his own so as not to hurt another. One who negligently keeps his fire so that his neighbor’s house is burned is liable to him for damages, because he had it not in his power to make him covenant tp be careful. 'It matters not whether the fire be in his house, his curtilage, or his close.
The action lies against him who erects a nuisance, and notwithstanding a recovery for the erection, it may afterwards be maintained against him for the continuance, though he has made a lease of it to another. He transferred it with the…
2Cited by17 opinions
- Samuelson v. Cleveland Iron Mining Co.Michigan Supreme Court · 1882
- Perez v. RabaudTexas Supreme Court · 1890
- West Pratt Coal Co. v. DormanSupreme Court of Alabama · 1909
- Baldwin v. McClendonSupreme Court of Alabama · 1974
- Weaver Mercantile Co. v. ThurmondWest Virginia Supreme Court · 1911
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