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action affirmative agent agreed agreement Alabama alleged amount answer appeal appellee assigns attachment authority averred Bank bill bond building cause charge circuit claim Code Company complainant consideration constitute contract conveyance corporation court damages debt decree deed defendant demurrer dollars duty election entitled equity error evidence excepted execution explosion facts failed filed fraud further give given ground held indictment injury intention interest issue judge judgment jury keeping land liability ment mortgage motion negligence notes notice nuisance objection opinion original owner paid party payment person plaintiff plea possession powder present purchaser question railroad reason received record recover reference refused rendered requested rule secure shown statute stored street sufficient suit sustained tended therein thereof tion transfers trial Tried trust witness
Page 33 - Assembly from taking the property and franchises of incorporated companies, and subjecting them to public use, the same as the property of individuals...
Page 312 - ... is applied to that class of wrongs that arise from the unreasonable, unwarrantable or unlawful use by a person of his own property, real or personal, or from his own improper, indecent or unlawful personal conduct, working an obstruction of, or injury to, a right of another or of the public, and producing such material annoyance, inconvenience, discomfort or hurt, that the law will presume a consequent damage.
Page 354 - Company, to recover damages for Injuries received by the plaintiff while in the employ of the defendant as a...
Page 656 - Upon the introduction of all the evidence, the defendant requested the court to give to the jury the following charges, and separately excepted to the court's refusal to give each of them as asked: (1.) "If the jury believe the evidence, they must find for- the defendant.
Page 312 - The term *nuisance' in legal phraseology is applied to that class of wrongs that arise from the unreasonable, unwarrantable, or unlawful use by a person of his own property, real or personal, or from his own improper, indecent, or unlawful personal conduct, working an obstruction or injury to a right of another, or of the public, and producing such material annoyance, inconvenience, discomfort or hurt, that the law will presume a consequent damage.
Page 345 - But where the thing sought to be restrained is not unavoidably and in itself noxious, but only something which may according to circumstances prove so...
Page 34 - ... and individuals invested with the privilege of taking private property for public use shall make just compensation for property taken, injured or destroyed by the construction or enlargement of their works, highways or improvements, which compensation shall be paid or secured before such taking, injury or destruction.
Page 345 - ... to meet the question. The distinction between the two kinds of erection or operation is obvious, and the soundness of that discretion seems • undeniable, which would be very slow to interfere, where the thing to be stopped, while it is highly beneficial to one party, may very possibly be prejudicial to none.
Page 282 - If it is a mere written agreement, solemn or otherwise, still, while it exists, it is always liable to be applied to improper purposes ; and it may be vexatiously litigated at a distance of time, when the proper evidence to repel the claim may have been lost, or obscured; or when the other party may be disabled*- from contesting its validity with as much ability and force as he can contest it at the present moment.