Legal Opinion

M.C. West, Inc. v. Battaglia

Court of Civil Appeals of Alabama

Decided March 26, 1980No. Civ. 2054Published

1Opinion of the Court

386 So.2d 443 (1980)

M. C. WEST, INC.

v.

Paul D. BATTAGLIA.

Civ. 2054.

Court of Civil Appeals of Alabama.

March 26, 1980.

Rehearing Denied April 23, 1980.

James B. Kierce, Jr. of Stone, Patton & Kierce, Bessemer, for appellant.

Arthur Green, Jr. and Jake V. Bivona of Paden, Green & Paden, Bessemer, for appellee.

BRADLEY, Judge.

This is an appeal from a jury verdict against the defendant, M. C. West, Inc., for damages caused by flooding.

The plaintiff, owner of a restaurant, filed suit against the defendant alleging that the defendant constructed one or more dams across a creek near his business which…

Also in this document: Dissent.

2Cases cited17 opinions

  1. E. C. Ernst, Inc. v. Manhattan Construction Company of Texas, Providence Hospital, Fairbanks-Morse, Inc., Charles H. McCauley Associates, Inc.Court of Appeals for the Fifth Circuit · 1977
  2. Walker v. CardwellSupreme Court of Alabama · 1977
  3. Osborn v. BrownSupreme Court of Alabama · 1978
  4. Dyer v. TraegerSupreme Court of Alabama · 1978
  5. Southern Railway Co. v. LefanSupreme Court of Alabama · 1915

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