Palmer, Et Ux. v. Massengill

The action is in tort for the recovery of damages to land and crops allegedly caused by the wrongful act of the appellees in constructing a dam across their lands whereby the adjacent lands of appellents were flooded. From a verdict and judgment for the defendants, this appeal is taken.

From a voluminous record the following facts may be gleaned. Appellants own lands lying south of that of appellees and the trend of drainage is generally northward. The area in which all these lands are located i$ served by the Tuscumbia Canal which was constructed along the general course of the Tuscumbia…