BORLAND v. SANDERS LEAD CO., INC.

77-283.

369 So.2d 523 (1979)

J. H. BORLAND, Sr. and Sarah M. Borland v. SANDERS LEAD COMPANY, INC., a corporation.

Supreme Court of Alabama.

Rehearing Denied April 6, 1979.


Attorney(s) appearing for the Case

Jack Crenshaw of Crenshaw, Minor & Carr, Montgomery, for appellants.

N. J. Cervera of Cervera & Yancey, and Oliver W. Brantley of Brantley & Calhoun, Troy, for appellee.


JONES, Justice.

This appeal involves the right of a property owner, in an action for trespass, to recover damages for pollution of his property. The case was tried ore tenus to the trial Judge without a jury, and judgment was rendered for the Defendant. We reverse and remand for a new trial.

J. H. Borland, Sr., and Sarah M. Borland, Appellants, own approximately 159 acres of land, located just south of Troy, Alabama, on Henderson Road. On this property...

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