Nelson Bros., Inc. v. Busby

The plaintiffs, who were property owners in Walker County, Alabama, brought suit against Gayosa Coal Company, Inc., Nelson Brothers, Inc., and the University of Alabama, for damage to plaintiffs' homes allegedly caused by blasting. The University of Alabama was dismissed. The plaintiffs reached a pro tanto settlement with Gayosa whereby Gayosa paid $9,375.00 damages as to each home.1 Plaintiffs then proceeded to trial against Nelson Brothers only on counts of trespass, negligence, wantonness, and engaging in abnormally dangerous activity. The jury returned verdicts for the plaintiffs for…