Nuisances are either public or private. A public nuisance is one which damages all persons who come within the sphere of its operation, though it may vary in its effects on individuals. A private nuisance is one limited in its injurious effects to one or a few individuals. Generally, a public nuisance gives no right of action to any individual, but must be abated by a process instituted in the name of the state. A private nuisance gives a right of action to the person injured.
Ala. Code § 6-5-121
Distinction Between Public and Private Nuisances; Right of Action Generally.
Applied in 6 court decisions — leading case Lucero v. Trosch (1997)
Most recently applied in West Morgan-East Lawrence Water & Sewer Authority v. 3M Co. (September 2016)
(Code 1907, §5196; Code 1923, §9274; Code 1940, T. 7, §1084.)
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Alabama Legislature (ALISON). Reproduced from public-domain Alabama statutes; confirm against the official source for the current text. Not legal advice.