Mitchell v. MacKin

This case involves a dispute between upper and lower landowners concerning the diversion of surface water from the upper estate. We affirm.

The appellants, James M. Mitchell, Jr. and his wife Margaret Mitchell, own twenty-two acres of land in Jefferson County on which their residence is located. This property is not within the boundaries of any municipality. Along the southern 50 feet of the Mitchells' property, Alabama Power Company owns and maintains an easement for a transmission line. One of the appellees, James S. Mackin, owned the upper estate immediately south of the appellants'…