Ellis v. Alabama Power Co.

These four cases were consolidated for appeal following a grant of summary judgment in each case in favor of the defendant, Alabama Power Company (APCo). We affirm.

The question presented for review is whether APCo, when it operates its hydroelectric dams in accord with the Federal Power Commission license and the Department of Army regulations, is liable in an action for damages for negligence, trespass and/or nuisance.

The trial court's lengthy order in each of the four cases sets out the following summary of undisputed facts:

"1. On April 11, 1979, there occurred a rainfall event in the…