Bailey v. Floyd

The Baileys appeal from an adverse judgment in a suit claiming damages against Floyd for obstructing the water flow and seeking injunctive relief in providing adequate drainage of the surface water.

Baileys' counsel states the "Issues Presented" as follows:

"1. Whether Alabama law precludes a lower lot owner of property outside the limits of an incorporated town or city from obstructing the natural now of surface water across the upper lot owner's land and onto the lower lot owner's land.

"2. Whether the trial court's ruling was plainly and palpably erroneous or was based upon an incorrect view…