HUNTER-BENN COMPANY v. NELSON

1 Div. 769.

103 So.2d 783 (1958)

HUNTER-BENN COMPANY, Inc. v. Albert E. NELSON.

Supreme Court of Alabama.

June 5, 1958.


Attorney(s) appearing for the Case

C. B. Arendall, Jr., Edmund R. Cannon, Jr. (of Hand, Arendall, Bedsole, Greaves & Johnston), Mobile, for appellant.

Moore & Simon, Mobile, for appellee.


PER CURIAM.

This is an appeal by respondent from a decree in equity overruling its demurrer to an amended bill which seeks an abatement of a nuisance which is a private nuisance according to the description in the bill.

The business sought to be enjoined is the operation of a sawmill. A private nuisance is one limited in its injurious effects to one or a few individuals. The circumstances which determine whether it is a private or a public nuisance, or whether...

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