Town of York v. McAlpin

TPIOMAS, Justice.

The suit in equity was for an injunction to require the abatement of a nuisance, and for damages as the result of said nuisance.

The trial was by the court on testimony given ore tenus. The presumption must be indulged in favor of the findings made by the court and carried into the decree. Andrews et al. v. Grey, 199 Ala. 152, 74 So. 62; Grayson v. George et al., 226 Ala. 106, 145 So. 427; Rogers v. McLeskey, 225 Ala. 148, 142 So. 526.

The authorities are to the effect that a nuisance such as is here complained of may be abated in a proper case, and damages ascertained and…