City of Daphne v. Caffey

Defendant City of Daphne appeals from a decree adverse to it in an action brought by the plaintiffs alleging negligence and nuisance, and requesting both damages and injunctive relief. The case was tried to a jury which returned a verdict awarding no damages but from which the trial court found the City of Daphne "responsible for correcting drainage problems in the Magnolia Avenue and Old County Road area."

The gist of the plaintiffs' allegations was that the City negligently, wilfully or wantonly drained or diverted collected surface waters through its system of ditches or culverts so as to…