Alabama Great Southern Railroad v. Barclay
Supreme Court of Alabama
■ Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by John W. Barclay against the Alabama Great Southern Railway to abate a nuisance. From a decree overruling demurrer to the bill, respondents appeal.
Read the full summary
■ Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by John W. Barclay against the Alabama Great Southern Railway to abate a nuisance. From a decree overruling demurrer to the bill, respondents appeal. The bill alleges that plaintiff is the owner of certain real estate in Birmingham, which is described, and it is alleged that it fronts on the south side of Avenue D, and runs back along the east side of Twenty-Sixth street 140 feet; that said Twenty-Sixth street is a public street in the city of Birmingham, and is so dedicated to the public, as is shown on the map and…
1Opinion of the CourtAnderson, J.
The strictness of the rule as to the right to maintain a private action groAving out of an obstruction to highways and navigable streams has been considerably modified since the days of Lord Coke. —Joyce on Nuisances, § 121. The doctrine noAV is, in this and many other states, that a private individual, who suffers no damages different from those sustained by the public at large, has no standing in court; “but, *128if he sustains an individual or specific damage in addition to that suffered by the public, he may sue to have same abated, if the remedy at law is inadequate.” — Sloss-Sheffield S. &…
2Cases cited12 opinions
- Learned v. CastleCalifornia Supreme Court · 1889
- People v. OttoCalifornia Supreme Court · 1888
- Highland Avenue & Belt Railroad v. MatthewsSupreme Court of Alabama · 1892
- Evans v. Savannah & Western Railway Co.Supreme Court of Alabama · 1890
- Albes v. Southern Ry. Co.Supreme Court of Alabama · 1909
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Purvis v. BuseySupreme Court of Alabama · 1954
- Chichester v. KromanSupreme Court of Alabama · 1930
- Stack v. Tennessee Land Co.Supreme Court of Alabama · 1923
- City of Troy v. WatkinsSupreme Court of Alabama · 1918
- Birmingham News Co. v. LittleSupreme Court of Alabama · 1933
9 more not listed; retrieve them via the Exa API.