SWEDENBERG v. PHILLIPS

88-367.

562 So.2d 170 (1990)

Joe Dean SWEDENBERG and Marie R. Swedenberg v. David PHILLIPS.

Supreme Court of Alabama.

Rehearing Denied March 30, 1990.


Attorney(s) appearing for the Case

Ira B. Colvin, Reform, for appellants.

Wilbur J. Hust, Jr., and G. Scott Frazier of Zeanah, Hust, Summerford, Davis & Frazier, Tuscaloosa, for appellee.


KENNEDY, Justice.

This is a nuisance case involving a commercial chicken farming operation and a neighboring landowner.

The plaintiffs, Joe Dean Swedenberg and his wife Marie R. Swedenberg, appeal from a judgment based upon a jury verdict in favor of the defendant, David Phillips. We reverse and remand.

The issues are (I) whether the trial court erred in not charging the jury on the plaintiffs' right to recover...

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