Borland v. Sanders Lead Co., Inc.

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]

This appeal involves the right of a property owner, in an action for trespass, to recover damages for pollution of his property. The case was tried ore tenus to the trial Judge without a jury, and judgment was rendered for the Defendant. We reverse and remand for a new trial.

J.H. Borland, Sr., and Sarah M. Borland, Appellants, own approximately 159 acres of land, located just south of Troy, Alabama, on Henderson Road. On this property, Appellants raise cattle,…