STREET v. TACKETT

84-130.

494 So.2d 13 (1986)

John H. STREET, et al. v. William T. TACKETT and Betty G. Tackett.

Supreme Court of Alabama.

July 18, 1986.


Attorney(s) appearing for the Case

Ralph D. Gaines, Jr., and Robert B. Barnett, Jr. of Gaines & Cleckler, Talladega, for appellant.

Charles S. Doster of Merrill, Porch, Doster & Dillon, Anniston, and Betty C. Love of Love, Love & Love, Talladega, for appellees.

James T. Sasser and W. McCollum Halcomb of Wood & Parnell, Montgomery, for amicus curiae Home Builders Ass'n of Alabama.


ALMON, Justice.

We are asked to decide which rule of law—the common law rule, the civil law rule, or the modified civil law rule—applies when surface water flows or runs from the property of an upper landowner that is located or situated in an incorporated area onto property of a lower landowner that is situated in an unincorporated area.

John H. Street owns 20 acres of land contiguous to property owned by William and Betty Tackett. The Street...

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