City of Birmingham v. Nichols

BROWN, Justice.

This appeal is by the defendant from a judgment entered on the verdict of a jury awarding plaintiff damages for injury to his property, resulting from erosion of the bank of a ravine draining a considerable area within the corporate limits of the defendant municipal corporation.

The plaintiff’s case in substance, considering the evidence most favorably to him, is this: He owned a house and lot within the corporate limits which he used as a residence and store. The ravine and the small stream or branch draining the area above his property is located along the west margin of his…