Hundley v. Harrison
Supreme Court of Alabama
Appeal from the Chancery Court of Madison. Heard before the Hon William B. Simpson. The bill in this case was filed by the appellant against the appellees. The facts of the case are sufficiently stated in the opinion. The jurisdiction of a court of equity to restrain the commission or continuance of a nuisance, either public or private, has been Avell established in this State. — fit. Jumes Church v. Arrington, 36 Ala. 549; Kingsbury <\ Flowers, 65 Ala. 484; 1 Brick.
Read the full summary
Appeal from the Chancery Court of Madison. Heard before the Hon William B. Simpson. The bill in this case was filed by the appellant against the appellees. The facts of the case are sufficiently stated in the opinion. The jurisdiction of a court of equity to restrain the commission or continuance of a nuisance, either public or private, has been Avell established in this State. — fit. Jumes Church v. Arrington, 36 Ala. 549; Kingsbury <\ Flowers, 65 Ala. 484; 1 Brick. Dig. 672, §§ 467-476; Nininger v. Norwood, 72 Ala. 277. “Every man has a right to the undisturbed enjoyment of his property,…
1Opinion of the CourtHaralson, J.
Bill filed by the appellant, Hundley, to enjoin a private nuisance.
A public nuisance, according to the authorities, affects the community at large, or some considerable portion of it, such as the inhabitants of a toAAUi, and the person therein offending is liable to a criminal prosecution. A private nuisance affects only one person or a determinate number of persons, and is the ground for civil proceeding only. — 16 Am. & Eng. Encyc. LaAv, 926; 1 Wood on Nuisances, §§ 14, 15. .
Nuisances per se have been defined to be such things as are nuisances at all times and under all circumstances,…
2Cases cited6 opinions
- Campbell v. . SeamanNew York Court of Appeals · 1876
- Nininger v. NorwoodSupreme Court of Alabama · 1882
- Kingsbury v. FlowersSupreme Court of Alabama · 1880
- Rouse v. MartinSupreme Court of Alabama · 1883
- English v. Progress Electric Light & Motor Co.Supreme Court of Alabama · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Melker v. . City of New YorkNew York Court of Appeals · 1908
- Coleman v. EstesSupreme Court of Alabama · 1967
- West Pratt Coal Co. v. DormanSupreme Court of Alabama · 1909
- Baldwin v. McClendonSupreme Court of Alabama · 1974
- Alabama, Tenn. & Northern Ry. Co. v. Aliceville Lumber Co.Supreme Court of Alabama · 1916
25 more not listed; retrieve them via the Exa API.