Martin v. Alabama Power Co.

D. B. Martin brings this action against the Alabama Power Company to recover $100,000 damages, occasioned by an overflow of his lands by waters from the Alabama and Coosa rivers, alleged to have been caused by the defendant, destroying growing and gathered crops and livestock, of plaintiff on the land.

There are two counts in the complaint. The defendant filed a plea in abatement to each count. Demurrers of plaintiff were overruled by the court to the plea. The plaintiff took a nonsuit, and appealed from the judgment of the court. The judgment rendered by the court is as follows:

“This day.…