Kennedy v. Brandenburg

OPINION

RAMSEY, Chief Justice.

This suit was brought by Charles Brandenburg, Plaintiff-Appellee, against J. J. Kennedy and Richard Hamm, Defendants-Appellants, for damages allegedly sustained resulting from brine water leaking into an irrigation canal damaging Plaintiff’s crops. Based on a jury verdict, judgment was entered for Plaintiff in the sum of $10,400.-00. Defendants have perfected this appeal. We reverse and remand.

Plaintiff alleged that on or about June 11, 1969, Defendants’ gravity flow line broke and leaked oil, water, and brine into an irrigation canal system which destroyed…