Alabama Power Company v. Thomas

BRADLEY, Judge.

Appellant filed its application for condemnation of a right of way (for a transmission line) over the property of appellee in the Probate Court of Dale County. Condemnation was ordered and appellee was awarded damages in the amount of $4,710 for parcel two and $200 for parcel four. Appellee appealed the award to the Circuit Court of Dale County.

After a trial before a jury, the Circuit Court awarded damages to appellee in the amount of $5,335 for parcel two and $400 for parcel four. Appellee moved for a new trial, which was granted. There were thirty-nine grounds in the motion…