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ALABAMA POWER CO. v. MURRAY

1971174.

751 So.2d 494 (1999)

ALABAMA POWER COMPANY v. Garrett MURRAY and Fragil Murray.

Supreme Court of Alabama.

Rehearing Denied November 19, 1999.

Attorney(s) appearing for the Case

William P. Cobb II and Martin E. Burke of Balch & Bingham, L.L.P., Montgomery; and Sydney S. Smith of Smith & Smith, P.C., Phenix City, for appellant.

W. Banks Herndon and Patrick O'Neal Miller of Loftin, Herndon, Loftin & Miller, Phenix City, for appellees.

COOK, Justice.

Alabama Power Company ("APCo") appeals from a judgment entered on jury verdicts in favor of the plaintiffs, Garrett Murray and Fragil Murray. We affirm in part and affirm conditionally in part.

In the early morning hours of October 6, 1994, the Murrays were awakened by the sound of a loud boom from APCo's Seale Road substation near the Murrays' home. The Murrays noticed that the power to their home was out, and they then went back to sleep....

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