RICH v. CITY OF MOBILE

80-455.

410 So.2d 385 (1982)

David R. RICH and Vivian M. Rich v. CITY OF MOBILE, A Municipal Corporation, et al.

Supreme Court of Alabama.

February 5, 1982.


Attorney(s) appearing for the Case

Michael S. McGlothren and Richard Bounds of Cunningham, Bounds, Byrd, Yance & Crowder, Mobile, for appellants.

Thomas M. Galloway, Jr. of Collins, Galloway & Smith, Mobile, for appellees.

Drayton N. Hamilton, Montgomery, for amicus curiae Alabama League of Municipalities.


JONES, Justice.

This appeal is from an order granting Defendant City's motion to dismiss for failure to state a claim upon which relief could be granted.

Plaintiffs' residence was connected to and served by the sewer and water systems of the City of Mobile. The elevation of the residence was lower than that of the sewer system; and, because an overflow trap had not been installed in the line leading to the residence, a sewer line back-up overflowed into Plaintiffs...

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