Jones v. Adler
Supreme Court of Alabama
Appeal from Bessemer City Court. Action by E. T. Jones against Morris Adler and others for damages for maintaining a nuisance. Judgment for defendants, and plaintiff appeals. The pleadings and facts sufficiently appear.
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Appeal from Bessemer City Court. Action by E. T. Jones against Morris Adler and others for damages for maintaining a nuisance. Judgment for defendants, and plaintiff appeals. The pleadings and facts sufficiently appear. Charge 7 is as follows: “The court charges the jury that if they find from the evidence in this case that defendants in any way participated in the maintenance of the purification plant in question during the year next preceding the filing of this suit, even though it be through defendant’s lessees, Lucian and Rose Huey, and further find that foul and offensive odors and…
1Opinion of the CourtMcCLELLAN, J.
This is an action for damages caused by an alleged nuisance.
The facts disclose that what is termed the “purification plant” was erected by legislative authority for the purpose of purifying sewage of certain places conveyed through a trunk-line sewer, which was also built by legislative authority. It also appears from the evidence that appellees, in a duly authorized and legal manner, entered into a contract, the terms of which 'fully appear in the report of the case of Adler & Co. v. *439Pruitt, 169 Ala. 213, 53 South, 315, 32 L. R. A. (N. S.) 889, with the proper authorities by which they…
2Cases cited14 opinions
- Arndt v. City of CullmanSupreme Court of Alabama · 1902
- Adler & Co. v. PruittSupreme Court of Alabama · 1910
- Craig & Co. v. Pierson Lumber Co.Supreme Court of Alabama · 1910
- Fidelity & Deposit Co. v. RobertsonSupreme Court of Alabama · 1902
- Highland Avenue & Belt Railroad v. MatthewsSupreme Court of Alabama · 1892
9 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Clark v. WhitfieldSupreme Court of Alabama · 1925
- Gulf American Fire and Casualty Co. v. JohnsonSupreme Court of Alabama · 1968
- Terrell v. NelsonSupreme Court of Alabama · 1917
- Schillinger v. LearySupreme Court of Alabama · 1917
- McKinney v. StateSupreme Court of Alabama · 1974
4 more not listed; retrieve them via the Exa API.