Birch v. Ward
Supreme Court of Alabama
Appeal from Gity Court of Birmingham;John 1-1. Miller, Judge. Action by Allie C. Birch against Geo. B. Ward and others for trespass to realty. Judgment for defendants, and plaintiff appeals. The case made by the pleadings and the facts sufficiently appears in the opinion.
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Appeal from Gity Court of Birmingham;John 1-1. Miller, Judge. Action by Allie C. Birch against Geo. B. Ward and others for trespass to realty. Judgment for defendants, and plaintiff appeals. The case made by the pleadings and the facts sufficiently appears in the opinion. The following charges were refused plaintiff: (A) If you believe from the evidence that defendants caused plaintiff’s building to bo torn down, and she was damaged as a proximate consequence of such tearing’ down, you will find for plaintiff. (B) Affirmative charge to find for plaintiff as against botli defendants. (C)…
1Opinion of the Court
ANDERSON, G. J.
This was an action of trespass against the defendants for tearing down a house belonging to the plaintiff, the defense being that said house constituted a nuisance, and that the defendants acted under the authority of and in behalf of the city of Birmingham, and the jury found that it was a nuisance. Indeed, the (argument of counsel of the chief legal questions is upon the hypothesis that the house was a nuisance at the time of its destruction.
[1] 4s to- whether or not the municipality, the city of Birmingham, had the authority, under the common law, to abate nuisances, and…
2Cases cited4 opinions
- Suell v. DerricottSupreme Court of Alabama · 1909
- Stowers Furniture Co. v. BrakeSupreme Court of Alabama · 1908
- Verberg v. StateSupreme Court of Alabama · 1902
- Southern Ry. Co. v. DouglassSupreme Court of Alabama · 1905
3Cited by13 opinions
- Wright v. McCordSupreme Court of Alabama · 1920
- Berry v. StateSupreme Court of Alabama · 1935
- Stinson v. StateSupreme Court of Alabama · 1931
- Kiker v. StateSupreme Court of Alabama · 1937
- Southern Ry. Co. v. CatesSupreme Court of Alabama · 1924
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