Faulk v. Gold Kist, Inc.

MADDOX, Justice.

The question presented on this appeal is whether the trial court’s finding that a fertilizer mixing company was not responsible for a fish kill in a pond on adjacent land was clearly erroneous because it was against the great weight of the evidence.

Douglas Faulk, the plaintiff, owned land in New Brockton, Alabama. He purchased an adjoining parcel and built a pond, and stocked it with approximately 2000 catfish. The pond was supplied by rainwater and runoff from the adjacent land, including land on which Gold Kist maintained a fertilizer plant.

Gold Kist stored bulk fertilizer…