Reports of Cases Argued and Determined in the Supreme Court of Alabama, Volume 116 (Google eBook)

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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 188 - No law shall be revived, amended, or the provisions thereof extended, or conferred by reference to its title only, but so much thereof as is revived, amended, extended, or conferred, shall be reenacted, and published at length.
Page 318 - ... 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 360 - Company, to recover damages for Injuries received by the plaintiff while in the employ of the defendant as a...
Page 662 - 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 318 - 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 351 - 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 351 - ... 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 288 - 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.

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