KAY-NOOJIN DEVELOPMENT CO. v. KINZER

8 Div. 642.

65 So.2d 510 (1953)

KAY-NOOJIN DEVELOPMENT CO. v. KINZER.

Supreme Court of Alabama.

Rehearing Denied May 28, 1953.


Attorney(s) appearing for the Case

Taylor, Bell & Morring and Patrick W. Richardson, all of Huntsville, for appellant.

Walter F. Eigenbrod, Huntsville, for appellee.


SIMPSON, Justice.

This is an appeal by Kay-Noojin Development Company from a final decree in a suit in equity against it by Marvin D. Kinzer. The original bill sought to enjoin the maintenance of a nuisance consisting of the collection of surface water by respondent upon its land as an upper proprietor in the City of Huntsville and casting it in unnatural volume upon the property of complainant, a lower proprietor. It also sought the recovery of damages.

Complainant...

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