Reports of Cases Argued And Determined in the Supreme Court of ..., volume 175
Reports of Cases Argued And Determined in the Supreme Court of ..., volume 175
Alabama Supreme Court
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Same; Jury Question. — Whether the noises made by a planing mill situated In a residential portion of the city are unreasonable and a nuisance to other property, are questions for the jury. 4. Same; Determination of Question. — The fact that a planing mill was erected in a district already used for residence purposes constitutes a material consideration in determining whether it was a nuisance. 5. Same; XcgHgence. — Negligence, or want of ordinary care in the operation of the alleged offensive ...factory Is not ordinarily an element of an actionable nuisance. t>. Same. — Where the defendant stored lumber in a building on his land adjacent to plaintiff's residence, thereby endangering plain- Digitized by VjOOQIC 176.] OF ALABAMA. 149 [Harris v. Randolph Lumber Co.] tUTs property and increasing the insurance rate thereon, plaintiff was not entitled to recover the increased premiums as damages, as the mere storing of lumber is not a nuisance per se; to render a building a nuisance by reason of exposure of other buildings to fire, the hazardous character of the business therein carried on must be unmistakable, and must be shown to be negligently conducted, so that injurious results are probable.
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