Goodyear Tire & Rubber Co. of Alabama, Inc. v. Gadsden Sand & Gravel Co.

STAKELY, Justice.

This is a suit brought by Gadsden Sand & Gravel Company, Inc. (appellee) against Goodyear Tire & Rubber Company of Alabama, Inc. (appellant) for damages by water to a deposit of moulding sand in the land of the plaintiff. There was a verdict and judgment for the plaintiff. Hence this appeal.

The plaintiff owns about 50 to 60 acres of land containing sand deposits adjoining the land of the defendant on which is located the defendant’s manufacturing plant. On the land of plaintiff there is an overburden of dark, sandy loam 6 to 10 inches deep before moulding sand is reached. The…