Norton v. Randolph
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by Richard Randolph against Laura J. Norton, to enjoin the maintenance of a private nuisance. From a decree overruling demurrers to the bill respondent appeals. The case made by the bill is not one of a spite fence, and must depend for its equity upon the unsightliness of the structure and the injury it does complainant by depriving him of light and air.
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Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by Richard Randolph against Laura J. Norton, to enjoin the maintenance of a private nuisance. From a decree overruling demurrers to the bill respondent appeals. The case made by the bill is not one of a spite fence, and must depend for its equity upon the unsightliness of the structure and the injury it does complainant by depriving him of light and air. The ancient doctrine of light does not obtain in Alabama. — Ward v. Neal, 35 Ala. 602. One’s motive in exercising a right is immaterial where no legal right of…
1Opinion of the CourtSomerville, J.
The bill is filed by the appellee, Randolph, against the appellant, Mrs. Norton, seeking to abate an alleged nuisance erected by her on a vacant lot adjoining his residence property in the city of Birmingham. The averments of the bill are substantially as folloAvs: Complainant is the owner of a lot on which he has erected for selling or renting a valuable dwelling house, costing about $6,000. This dAvelling is in a desirable part of the city, and many other dwellings of like character have been erected on the same street. Respondent oaatis a vacant lot, immediately adjoining complainant’s…
2Cases cited13 opinions
- Rideout v. KnoxMassachusetts Supreme Judicial Court · 1889
- Burke v. SmithMichigan Supreme Court · 1888
- Flaherty v. MoranMichigan Supreme Court · 1890
- Metzger v. HochreinWisconsin Supreme Court · 1900
- Barger v. . BarringerSupreme Court of North Carolina · 1909
8 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- King v. Livingston Mfg. Co.Supreme Court of Alabama · 1912
- Hornsby v. SmithSupreme Court of Georgia · 1941
- Sundowner, Inc. v. KingIdaho Supreme Court · 1973
- West v. SpratlingSupreme Court of Alabama · 1920
- Cohen Et Ux. v. Perrino Et Ux.Supreme Court of Pennsylvania · 1946
8 more not listed; retrieve them via the Exa API.