Whitworth v. UTILITIES BD. OF TOWN, ETC.

This is an appeal by the plaintiffs, Phillip and Virginia Whitworth, from the denial of their motion for new trial. The complaint consisted of two counts. The first count charges the Utilities Board with negligence in maintaining its sewer lines. The second count against Hendrix, the builder of the plaintiffs' house, is in warranty. At the conclusion of the plaintiffs' case, the court directed verdicts for the defendants.

On November 29, 1976, the plaintiffs, Phillip and Virginia Whitworth, owned and resided in a house within the Town of Blountsville, Alabama. This house had been purchased…