City of Birmingham v. Flowers

While the border line, in some instances, is close as to when certain overflows to land are to be regarded as permanent and the damage to the land is to be based upon the difference in the value of the land with or without the cause of the overflow, or whether the said overflows occurring at different times are to be regarded as occasional recurrent ones and each overflow constitutes a separate and distinct cause of action, yet in our case of Sloss-Sheffield S. & I. Co. v. Mitchell, 181 Ala. 576, 61 So. 934, 935, it was said: “Where the channel of a stream is so obstructed by a permanent dam…