Alabama Power Co. v. Stringfellow

ANDERSON, Chief Justice.

Action by the plaintiff against the defendant for damages as for a diminution in the selling and rental value of his home because of the maintenance of a private nuisance by the defendant on an adjacent or nearby lot.

Tlie defendant contends, that count 3 was subject to its demurrer upon the idea that it did not charge that the defendant’s plant or station was improperly constructed or negligently operated. It is also insisted that the trial court erred in sustaining plaintiff’s demurrer to its special pleas 2 and 3.

The demurrers and pleas proceed upon the theory that,…