McGregor v. Barton Sand & Gravel, Inc.

Plaintiffs brought this action alleging trespass, nuisance, negligence and ultrahazardous activity, arising out of the spillage and sliding of water and debris onto plaintiffs’ property from artificial ponds located on defendants’ property and used in connection with defendants’ gravel mining operations. The trial court submitted only the trespass and ultrahazardous activity counts to the jury. Plaintiffs were awarded general damages for injury to property and emotional distress, special damages and punitive damages. Defendants appeal. We reverse and remand for a new trial on the issue of…