Alabama Power Co. v. Key

The action in trespass was brought against Alabama Power Company. By amendment Dixie Construction Company was made a party defendant.

In the clearing of a right of way acquired by Alabama Power Company through condemnation proceedings and the construction of a power line thereon, the evidence tends to show the men doing the work cut and destroyed trees not covered by the right of way, and otherwise injured the adjoining lands of plaintiff. Plaintiff’s evidence is .entirely silent as to whose employees committed the acts complained of.

Defendant’s evidence, without dispute, is to the effect that…