Mayor of Birmingham v. Land
Supreme Court of Alabama
Appral from the Circuit Court of Jefferson. Tried before the Hon. A. A. Coleman. This action was brought by William M. Land against the mayor and aldermen of Birmingham. Demurrers to the original complaint were sustained by the court. Thereupon the plaintiff amended bis complaint by adding a third count thereto. In the amended complaint the plaintiff claimed of the defendant one thousand dollars damages.
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Appral from the Circuit Court of Jefferson. Tried before the Hon. A. A. Coleman. This action was brought by William M. Land against the mayor and aldermen of Birmingham. Demurrers to the original complaint were sustained by the court. Thereupon the plaintiff amended bis complaint by adding a third count thereto. In the amended complaint the plaintiff claimed of the defendant one thousand dollars damages. It was then averred in said complaint, that the plaintiff owned a certain tract of land specifically described, and the complaint then averred as follows: “Plaintiff, with his family resides…
1Opinion of the CourtMcOLELLAN, C. J.
The pollution of Valley Creek by emptying therein of the sewage of the city of Birmingham so' as to contaminate and poison its waters certainly for more than a mile extending to and through plaintiff’s lands, and probably for a much greater distance, there being a public road in its immediate vicinity and, indeed, crossing it within that part of its course affirmatively alleged to be polluted, in the manner, to the extent and with, the effect upon the water itself and upon the atmosphere thereabouts averred in the *546complaint, is a public nuisance. — Nolan v. City of New Britain, 38 Atl. Rep.…
2Cases cited5 opinions
- Nolan v. City of New BritainSupreme Court of Connecticut · 1897
- Reed v. Mayor of BirminghamSupreme Court of Alabama · 1890
- Wright & Rice v. MooreSupreme Court of Alabama · 1863
- Olive v. StateSupreme Court of Alabama · 1888
- Mayor of Huntsville v. EwingSupreme Court of Alabama · 1897
3Cited by12 opinions
- Hamilton v. Alabama Power Co.Supreme Court of Alabama · 1915
- Hazen v. PerkinsSupreme Court of Vermont · 1918
- Town of Vernon v. WedgeworthSupreme Court of Alabama · 1906
- City of Corsicana v. KingCourt of Appeals of Texas · 1928
- Yolande Coal & Coke Co. v. PierceAlabama Court of Appeals · 1915
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