Fricke v. City of Guntersville

SIMPSON, Justice.

This appeal concerns the correctness of the register’s report fixing the amount of damages to appellant’s property by reason of the construction by the appellee of a drainage ditch in the alley along the rear of complainant’s lot. This is the third appeal.

The first appeal affirmed the decree of the trial court which determined that appellant city -could not be required to desist from its drainage project or to cover up the ditch. Fricke v. City of Guntersville, 251 Ala. 63, 36 So.2d 321.

The second appeal challenged the propriety of the decree of the lower court which…