Southern Ry. Co. v. Robertson
Alabama Court of Appeals
Appeal from Circuit Court, St. Clair County ; J. E. Blackwood, Judge. Suit by E. D. Robertson against the Southern, Railway Company. There was verdict for defendant, and from an order granting plaintiff new trial, defendant appeals.
1Opinion of the Court
BROWN, P., J.
The plaintiff sued the defendant, appellant here, for creating a nuisance on the plaintiff’s premises, by placing thereon the carcass of a dead mule, in such close proximity to the plaintiff’s residence that the noxious odors arising therefrom interfered with the comfortable enjoyment of his premises, to his annoyance and hurt. At the conclusion of the evidence in the case, the court directed a verdict for the defendant, but on a subsequent day, on motion of the plaintiff, the verdict was set aside, and a new trial granted, and from the order granting a new trial, this appeal is…
2Cases cited7 opinions
- Adler & Co. v. PruittSupreme Court of Alabama · 1910
- Sloss-Sheffield Steel & Iron Co. v. MitchellSupreme Court of Alabama · 1909
- Montgomery St. Ry. Co. v. SmithSupreme Court of Alabama · 1905
- Alabama Western Railroad v. WilsonAlabama Court of Appeals · 1911
- Sloss-Sheffield Steel & Iron Co. v. HubbardAlabama Court of Appeals · 1915
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Baldwin v. McClendonSupreme Court of Alabama · 1974
- Thomas v. Saulsbury & Co.Supreme Court of Alabama · 1924
- Alabama Great Southern R. Co. v. KillianAlabama Court of Appeals · 1919