McELRATH v. ALABAMA POWER CO.

88-488.

554 So.2d 994 (1989)

Catherine McELRATH, as Administratrix of the Estate of Clifton Edward McElrath, et al. v. ALABAMA POWER COMPANY.

Supreme Court of Alabama.

Rehearing Denied December 8, 1989.


Attorney(s) appearing for the Case

Frank S. Teel of Teel & Teel, Rockford and David G. Wirtes and Sandra Vinik of McKnight & Wirtes and Glenda G. Cochran of Crittenden & Cochran, Birmingham, for appellants.

John P. Scott, Jr. of Balch & Bingham, Birmingham and John K. Johnson, Rockford, for appellee.


MADDOX, Justice.

The plaintiff appeals from a summary judgment for the defendant, Alabama Power Company.

This suit was filed against Alabama Power and several fictitiously named defendants on February 6, 1989. The plaintiffs are the administratrixes of the estates of four minors who drowned in Hatchett Creek below a dam owned by Alabama Power. Plaintiffs' cause of action is based entirely upon Restatement (Second...

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