Sargent v. Lambert Const. Co.

This is an action by a lower property owner against an upper property owner for interfering with and channeling the natural drainage of water. The court found in favor of defendant. The issue on appeal is whether the trial court misapplied the law to the facts. We find that the trial court did so err and we reverse.

The trial court made the following finding of fact:

Both the plaintiff and defendant's lots are located within the corporate limits of the City of Montgomery. The plaintiff is the lower land owner and the defendant owns property above the plaintiff's lot; however, the properties are…