Alabama Great Southern Railroad v. Broach

This is a suit brought by appellees, doing business as United Salvage Company, against appellant railroad for damages to plaintiffs ’ property, allegedly resulting from a fill placed by defendant upon its land and the edge of plaintiffs’ lot, which caused the discharge upon plaintiffs’ tract of excess surface waters. The Circuit Court of Lauderdale County gave plaintiffs a general peremptory instruction on liability and submitted the issue of damages, with a resulting verdict of $10,000 for appellees. We reverse that judgment because the trial court erroneously granted the peremptory…