Thompson v. Williams

CULVER, Justice.

Appellees — plaintiffs C. B. Williams and wife, sued Frank L. Thompson, appellant, for damages, both actual and exemplary, alleging that appellant had wrongfully widened a roadway and in doing so had cut into the natural slope of the land, leaving a vertical cut along appellees’ east property line, to a maximum depth of about 7½ feet, thus depriving appellees of lateral support for their property and exposing it to sloughing and erosion.

On the trial, without a jury, the court rendered judgment for appellees for actual damages in the sum of $3,500, and exemplary damages in the…