West v. Louisville & Nashville Railroad
Supreme Court of Alabama
Appeal from the City Court of Montgomery, in Equity. Heard before the Hon, A. D. Sayre. The hill in this case was filed by the Louisville & Nashville Nailroad Company- against the appellant, D. P. West.
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Appeal from the City Court of Montgomery, in Equity. Heard before the Hon, A. D. Sayre. The hill in this case was filed by the Louisville & Nashville Nailroad Company- against the appellant, D. P. West. The facts averred in. the bill were as follows: The complainant is a railroad corporation engaged in the business of a common carrier in the county of Montgomery, State of Alabama, and is. the owner of a piece ’or parcel of land situated in Montgomery upon which is located its freight depot, and a portion of which is -clevoted to a private street. Said lot abuts- on Gilmer Alley, which alley…
1Opinion of the CourtDowdell, J.
The facts averred in the bill show a joint easement in the complainant and respondent in a private’ alley-way. Yet, the theory of the bill and its purpose, according to its averments, when construed more strongly against the pleader, as the rule of pleading requires, is evidently one for the abatement of a public nuisance. The bill alleges that the complainant has an interest different from that of the general public. This is an averment essential in a bill by an. individual for the abatement of. a public nuisance, but it is altogether unnecessary in a bill to- abate a private nuisance.
While…
2Cases cited6 opinions
- Gardner v. KnightSupreme Court of Alabama · 1899
- Greene v. CannyMassachusetts Supreme Judicial Court · 1884
- Blackburn v. FitzgeraldSupreme Court of Alabama · 1900
- Redemptorists v. WenigCourt of Appeals of Maryland · 1894
- Hoosier Stone Co. v. MalottIndiana Supreme Court · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Weeks v. Wolf Creek Industries, Inc.Supreme Court of Alabama · 2006
- Roberts v. MonroeSupreme Court of Alabama · 1954
- Loveman v. LaySupreme Court of Alabama · 1960
- Hales v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1916
- Chatham v. Blount CountySupreme Court of Alabama · 2001
3 more not listed; retrieve them via the Exa API.