Alabama Power Co. v. Ray

LAWSON, Justice.

This proceeding was filed in the circuit court of Tuscaloosa County, in equity, by Alabama Power Company, a corporation, against R. M. Ray and Myrtle Boyd Ray.

Complainant prays for a decree requiring the respondents to remove a building which the bill alleges was constructed by the respondents at a place on complainant’s right of way so as to constitute a fire hazard to complainant’s transmission lines.

From a decree sustaining the respondents’ demurrer, the complainant has appealed to this court. The trial court sustained the demurrer without designating the ground or grounds…