Alabama Power Co. v. Gielle

The defendant, Alabama Power Company, appeals from an order of the circuit court denying its alternative motions for a judgment notwithstanding the verdict or a new trial. We affirm.

The plaintiff owns residential property on Lake Neely-Henry, a lake impounded by a hydroelectric dam owned and operated by defendant. Defendant maintains a 110 ft. power pole on plaintiff's lot. The instant action arose because the easement for defendant's pole describes, not plaintiff's lot but fifty adjacent acres. As revealed by the record, this discrepancy came about in the following manner:

In 1965, while…