The measure of damages for a temporary or abatable nuisance is the difference in rental value before and after existence of the nuisance. Sloss Co. v. Mitchell, 167 Ala. 226, 52 So. 69; City of Eufaula v. Simmons, 86 Ala. 515, 6 So. 47; Birmingham W. W. Co. v. Martini, 2 Ala. App. 652, 56 So. 831; 29 Cyc. 1275; Steel Cities Co. v. Jenkins, 17 Ala. App. 221, 84 So. 408; Joyce on Nuisances, 319; Simonetti v. Carlton, 17 Ala. App. 105, 82 So. 553; Jefferson Fert. Co. v. Rich, 182 Ala. 633, 62 So. 40. In claiming damages for depreciated value of his home, the plaintiff must prove the nuisance was permanent in nature.

A. F. Fite, of Jasper, for appellant. Appellant's charges 17 and 21 should have been given. Steel Cities Chem. Co. v. Jenkins, 17 Ala. App. 221, 84 So. 408; S. S. S. I. Co. v. Mitchell, 161 Ala. 278, 49 So. 852. Ray Cooner, of Jasper, for appellee.

Code, §§ 1907, 2029 et seq. Nor was she entitled to recover for alleged permanent injury to the realty. Steel Cities Chem. Co. v. Jenkins, 17 Ala. App. 221, 84 So. 408; Birmingham Ry., L. P. Co. v. Bruce, 3 Ala. App. 310, 57 So. 1011; Schneider v. Southern Cotton O. Co., 204 Ala. 614, 87 So. 97; Crawford v. Union Cotton O. Co., 202 Ala. 3, 79 So. 299. THOMAS, Justice.

No permanent damages can be recovered for an abatable nuisance. Sloss-Sheffield Co. v. Mitchell, 161 Ala. 278, 49 So. 851; Ginzler v. Birmingham, 6 Ala. App. 666, 60 So. 976; Pratt C. C. Co. v. Morton, 14 Ala. App. 194, 68 So. 1015; Crawford v. Union C. O. Co., 202 Ala. 3, 79 So. 299; Steel Cities Chem. Co. v. Jenkins, 17 Ala. App. 221, 84 So. 408. An open ditch in a street of a municipality is an abatable nuisance. Ginzler v. Birmingham, supra. Suit can be maintained for damages for each recurring overflow on premises of an owner of polluted water from a ditch, had or maintained in bad condition of repair by the municipality.

Georgia Power Co. v. Edmunds, 233 Ala. 273, 171 So. 256. Damages as for permanent injury to realty alleged to have been caused by private nuisance are not recoverable where injury results not as an effect of a permanent structure, but from operations carried on therein which are capable of modification or abatement. Schneider v. Southern Cotton Oil Co., 204 Ala. 614, 87 So. 97; Crawford v. Union Cotton Oil Co., 202 Ala. 3, 79 So. 299; Sloss-Sheffield Steel Iron Co. v. Hamilton, 161 Ala. 278, 49 So. 851; Tennessee C. I. R. Co. v. Hamilton, 100 Ala. 252, 14 So. 167, 46 Am.St.Rep. 48; Steel Cities Chem. Co. v. Jenkins, 17 Ala. App. 221, 84 So. 408. The remittitur was not involuntary; the trial court had the right to order new trial conditioned upon remittitur.

The counts upon which the case was tried did not contain averments of personal injury, and it was not necessary that a sworn statement be filed with the city clerk. City of Birmingham v. Prickett, 207 Ala. 79, 92 So. 7; Jefferson Fert. Co. v. Rich, 182 Ala. 633, 62 So. 40; Jones v. City of Birmingham, 207 Ala. 48, 92 So. 898; Steel Cities Chem. Co. v. Jenkins, 17 Ala. App. 221, 84 So. 408. The claim in count 4 is not barred by the statute of one year, and did not constitute a departure. Curry v. Southern Ry., 148 Ala. 57, 42 So. 447. Technical accuracy in claims for damages is not required. McKinnon v. City of Birmingham, 196 Ala. 56, 71 So. 463. Proof that odors, etc., were emitted from the dump pile was sufficient evidence of damage to plaintiff's residence.