Radney v. Town of Ashland
Supreme Court of Alabama
Appeal from Clay County Court. Heard before Hon. E. J. Garrison. Bill by the town of Ashland against T. H. Radney, to abate and remove an alleged public nuisance. Decree for complainant, and respondent appeals.
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Appeal from Clay County Court. Heard before Hon. E. J. Garrison. Bill by the town of Ashland against T. H. Radney, to abate and remove an alleged public nuisance. Decree for complainant, and respondent appeals. The bill shows that respondent owns a lot near the public square of the town, and near four or five business houses, upon which he maintains a large barn, built of pine timber, and old and somewhat dilapidated, which, owing to its age and the materials of its construction, and to the further fact that it is used as a livery-barn and automobile garage, and that large quantities of hay,…
1Opinion of the Court
SOMERVILLE, J.(1) A vast majority of the houses in this section of the country are built of pine, and a large percentage of them are more or less old, and “somewhat dilapidated.” Reason and sound policy concur with judicial opinion in denying that such buildings, even in towns and cities, are per se nuisances.—Baumgartner v. Hastay, 100 Ind. 575, 50 Am. Rep. 830; City of New Orleans v. Lagasse, 114 La. 1055, 38 South. 828; 2 Wood on Nuisances (3d Ed.) § 746.(2) Nor does the use of such a building for the carrying on of the lawful business of a livery and feed stable, or an automobile garage,…
2Cases cited10 opinions
- Baumgartner v. HastyIndiana Supreme Court · 1885
- Rouse v. MartinSupreme Court of Alabama · 1883
- City of Evansville v. MillerIndiana Supreme Court · 1897
- Lonoke v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Arkansas · 1909
- Ray v. LynesSupreme Court of Alabama · 1846
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Lauderdale County Board of Education v. AlexanderSupreme Court of Alabama · 1959
- Ridge v. State Ex Rel. TateSupreme Court of Alabama · 1921
- City of Sturgeon v. Wabash Railway Co.Missouri Court of Appeals · 1929
- Martin Bldg. Co. v. Imperial Laundry Co.Supreme Court of Alabama · 1929
- Pauly v. MontgomerySupreme Court of Iowa · 1930
3 more not listed; retrieve them via the Exa API.