City of Huntsville v. Miller

GOODWYN, Justice.

Complainants, appellees here, filed a bill of complaint in the circuit court of Madison County, in equity, against the City of Huntsville, appellant here, seeking to enjoin, as a nuisance, the collection by said City of surface waters in the vicinity of complainants’ lands and depositing such waters on said lands, and also seeking damages to the lands resulting therefrom. In its final decree, after the taking of testimony ore tenus, the trial court denied injunctive relief but awarded damages to complainants. -The City appeals from that decree.

At the threshold, we are…