Driskill v. Alabama Power Co.

This is an appeal from the grant of a directed verdict and a judgment in favor of the defendant. We affirm.

The plaintiffs (the Driskills) were operating a motor boat on Weiss Lake, an Alabama Power Company lake in Cherokee County. The boat ran into a submerged tree trunk, causing Mr. Driskill to be thrown into the water where he sustained physical injuries. He and Mrs. Driskill brought an action against the Power Company alleging negligence and wanton conduct in causing or allowing the submerged tree trunk to exist in a manner which was hidden from view, and in failing to mark it and warn the…