SOUTHERN CEMENT CO., DIV. OF MARTIN-MARIETTA CORP. v. SPROUL

No. 23620.

378 F.2d 48 (1967)

SOUTHERN CEMENT COMPANY, DIVISION OF MARTIN-MARIETTA CORPORATION, Appellant, v. Zemma Lowery SPROUL and Matthew Sproul, Jr., et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 20, 1967.


Attorney(s) appearing for the Case

Thomas R. Elliott, Jr., James E. Clark, Birmingham, Ala., for appellant, London, Yancey, Clark & Allen, Birmingham, Ala., of counsel.

Richard L. Jones, Birmingham, Ala., Frank C. Ellis, Jr., Columbiana, Ala., for appellees, Jones, Propst & Topazi, Birmingham, Ala., of counsel.

Before WISDOM and GODBOLD, Circuit Judges, and McRAE, District Judge.


GODBOLD, Circuit Judge:

This is an appeal from verdicts for plaintiffs for damages arising from loss of water in their wells as a consequence of limestone mining operations by the defendants in Alabama. We affirm.

Appellant claims the court erred in allowing the witness Wood to testify as an expert. Wood had practical experience in mining for many years, including experience as a mine superintendent and in blasting; he had not, however, mined limestone or...

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