FISHER v. SPACE OF PENSACOLA, INC.

No. 84-788.

483 So.2d 392 (1986)

Billy E. FISHER v. SPACE OF PENSACOLA, INC.

Supreme Court of Alabama.

January 24, 1986.


Attorney(s) appearing for the Case

E. Ashton Hill, III, of Hill & Hill, Mobile, for appellant.

Frank G. Taylor, of Sintz, Campbell, Duke, Taylor & Cunningham, Mobile, for appellee.


MADDOX, Justice.

The primary issue presented by this appeal is whether Alabama's one-year statute of limitations or its six-year statute applies to an action in which the plaintiff's theory of recovery was the common-law right of a lower property owner not to be injured by the interference of an upper owner with the natural drainage of water onto the lower property.

Plaintiff/appellant Billy E. Fisher and defendant/appellee Space of Pensacola, Inc., are adjoining...

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