ELLIS v. ALABAMA POWER CO.

81-759 to 81-762.

431 So.2d 1242 (1983)

E. Hoyt ELLIS, Lorene M. Ellis and Tom Ellis v. ALABAMA POWER COMPANY. Francis H. AMASON and Shirley Amason v. ALABAMA POWER COMPANY. Julia N. MARTIN v. ALABAMA POWER COMPANY. Ambus FAGGARD and Katherine Faggard v. ALABAMA POWER COMPANY.

Supreme Court of Alabama.

May 20, 1983.


Attorney(s) appearing for the Case

B. Greg Wood, Talladega, for appellants.

Marshall Timberlake of Balch, Bingham, Baker, Hawthorne, Williams & Ward, Birmingham, for appellee.


BEATTY, Justice.

These four cases were consolidated for appeal following a grant of summary judgment in each case in favor of the defendant, Alabama Power Company (APCo). We affirm.

The question presented for review is whether APCo, when it operates its hydroelectric dams in accord with the Federal Power Commission license and the Department of Army regulations, is liable in an action for damages for negligence, trespass and/or nuisance.

The trial...

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