Alabama Power Company v. Nichols

SIMPSON, Justice.

Appeal from a judgment -rendered on a-jury’s verdict in a condemnation proceeding in the Circuit Court of Walker County,

The proceeding was instituted by Alabama Power Company in the probate court of Walker County, to acquire flood rights necessary to the operation of an electric generating plant located in Lewis Smith Dam across the Sipsey Fork of the Black Warrior River.

The probate court entered a final order of condemnation awarding appellees a certain sum as compensation and granting Alabama Power the rights it sought. Alabama Power filed in the probate court on September…