KAY-NOOJIN DEVELOPMENT CO. v. HACKETT

8 Div. 512.

45 So.2d 792 (1950)

KAY-NOOJIN DEVELOPMENT CO. v. HACKETT et al.

Supreme Court of Alabama.

Rehearing Denied May 4, 1950.


Attorney(s) appearing for the Case

Douglass Taylor, Robt. K. Bell, Taylor, Bell & Taylor and Patrick W. Richardson, all of Huntsville, for appellant.

Clarence L. Watts and Walter F. Eigenbrod, of Huntsville, for appellees.


FOSTER, Justice.

This suit comes to us on appeal from a decree overruling the demurrer to a bill in equity. Appellees filed the bill against appellant seeking to enjoin appellant from maintaining an alleged nuisance consisting in the collection of surface water upon its property by appellant as the upper proprietor in the City of Huntsville and casting it upon complainants' property being the lower of them. The demurrer contained only one ground, that there is no...

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