Birmingham News Co. v. Little

ANDERSON, Chief Justice.

We think that the proof established a private nuisance or one as to which the plaintiff suffered a special injury different in kind from the public generally. The evidence tended to show that his yard, or premises, was constantly and continuously littered with paper either thrown, or negligently permitted to escape, by those charged with the handling of the defendant’s papers. This, of itself, though the damage may have been trifling, put the trial court in error in giving the general charge for the defendant and justified granting the motion for a new trial. It is…