Alabama Great Southern R. R. v. Prouty
Supreme Court of Alabama
Appeal from Etowah Chancery Court. Heard before Hon. R. B. Kelly. Bill by Fannie A. Pouty against the Alabama Great Southern Railroad Company. This was a bill in chancery to abate a unisance and to recover damages on account thereof.
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Appeal from Etowah Chancery Court. Heard before Hon. R. B. Kelly. Bill by Fannie A. Pouty against the Alabama Great Southern Railroad Company. This was a bill in chancery to abate a unisance and to recover damages on account thereof. The pleadings and amendments are sufficiently set out in the opinion, and the facts upon which the opinion is rested sufficiently appear therein The bill is multifarious. — Alexander v. Alexander, 85 Va. 353; Fielder v. Davis, 17 Ala. 125; Meacham v. Williams, 9 Ala. 817. The bill does not make out a case to enjoin a trespass. — Youlla v. N. O. M. & T. R. R. Oo.,…
1Opinion of the Court
HARALSON, J. —
The bill was filed by the complainant to abate a continuing nuisance created on her lands by the Alabama Great Southern Bailroad Company, and incidentally thereto, to recover the damages inflicted upon her and her property by said nuisance.
By the averments of the bill, the complainant owned and occupied as a home, -a fiveacre tract of land, in. shape a parallelogram, at the foot of Lookout Mountain ; that the northern end of the tract was much higher than the southern, and that there was a ridge, running-north and south through the center of the land, so that it dipped towards…
2Cases cited8 opinions
- Hughes v. AndersonSupreme Court of Alabama · 1880
- Savannah, Americus & Montgomery Railway v. BufordSupreme Court of Alabama · 1894
- Nininger v. NorwoodSupreme Court of Alabama · 1882
- Truss v. MillerSupreme Court of Alabama · 1897
- Alexander v. AlexanderSupreme Court of Virginia · 1888
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- O'Dell v. StateSupreme Court of Alabama · 1959
- Ford v. BordersSupreme Court of Alabama · 1917
- Birmingham Bar Ass'n v. Phillips & MarshSupreme Court of Alabama · 1940
- H. H. Hitt Lumber Co. v. Cullman Property Co.Supreme Court of Alabama · 1914
- Nashville, C. & St. L. Ry. v. YarbroughSupreme Court of Alabama · 1915
10 more not listed; retrieve them via the Exa API.