69 So. 970 | Ala. Ct. App. | 1915
Ordinarily negligence is not an essential element in an action to recover damages resulting from a nuisance. The reason upon which this rule rests is found in the maxim, “Sic utere tuo ut alienum non tedas,” and until injurious consequences result from the nuisance the cause of action does not arise.—Alabama Western Ry. Co. v. Wilson, 1 Ala. App. 306, 55 South. 932; Yolande Coal Co. v. Pierce, 12 Ala. App. 431, 68 South. 563.
None of the counts allowed to go to the jury were subject to the objections pointed out by the demurrer, and it was properly overruled.—Bieker v. City of Cullman, supra; Arndt v. City of Cullman, supra; City of Bessemer v. Whaley, supra; City of Florence v. Woodruff, supra.
The assignments of error for refusal of charges other than those treated above are not insisted upon in brief, and therefore are waived. We find no reversible error in the record, and the judgment of the circuit court is affirmed.
Affirmed.