City of Birmingham v. Corr

BOULDIN, Justice.

The action is in trespass.

The theory of the suit is that in widening and deepening a drainage canal carrying the waters of Tillage creek in the East Lake area of the city of Birmingham, appellee’s city lot was encroached upon, and subjected in part to public use without just compensation ; damages being sought for the decreased value of the lot by reason of such excavation.

The city of Birmingham and Donahoo Contracting Company, the contractor doing the work for the city, were joined as parties, defendant. The trial court gave the affirmative charge in behalf of the…