C. O. OSBORN CONTRACTING CO. v. ALABAMA GAS CORP.

6 Div. 554.

135 So.2d 163 (1959)

C. O. OSBORN CONTRACTING CO. v. ALABAMA GAS CORPORATION.

Court of Appeals of Alabama.

Rehearing Denied May 12, 1959.

Reversed on Mandate November 14, 1961.


Attorney(s) appearing for the Case

S. Palmer Keith, Jr., Birmingham, for appellant.

White, Bradley, Arant, All & Rose, and Paul Hardin, III, Birmingham, for appellee.


PRICE, Judge.

This action, brought to recover damages for injuries inflicted by defendant to plaintiff's underground gas main, was tried by the court without a jury, resulting in judgment for plaintiff for $327. Defendant appeals.

The complaint, containing one count, is as follows:

"Plaintiff claims of defendants the sum of $500.00 damages for a trespass by the defendants on the following described property, viz: One 8 inch cast iron gas main lying...

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