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Rushing v. Hooper-McDonald, Inc.

300 So. 2d 94 (1974)

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Rushing v. Hooper-McDonald, Inc.

Alabama Supreme Court

300 So. 2d 94 (1974)

Facts

Burl Rushing (plaintiff), the sublessee of a fishpond, sued Hooper-McDonald, Inc. (defendant), the owner of adjacent land uphill from the fishpond, in trespass for damages resulting from the pollution of the fishpond. Rushing alleged that, on several occasions, Hooper-McDonald dumped asphalt materials on Hooper-McDonald’s land in such a manner that the materials ran downhill into a stream that emptied into the fishpond and contaminated the water and killed the fish. Hooper-McDonald argued that the damage that Rushing complained about was not direct and immediate but rather consequential and indirect, which would require a claim for trespass on the case. The trial court ruled for Hooper-McDonald and found that Rushing’s remedy was in trespass on the case as opposed to trespass.

Rule of Law

Issue

Holding and Reasoning (Heflin, C. J.)

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