Cooper v. Horn

In this case involving property damage resulting from the failure of an earthen dam, we consider whether the trial court erred in instructing the jury on the issue of trespass and the doctrine of res ipsa loquitur, and in removing an “act of God” defense from the case.

In consolidated actions at law, Corrie Mae Horn, Donald Lewis Graybill, and Shirley T. Graybill (the plaintiffs) alleged damage to their real property and structures thereon caused by the discharge of a large volume of water across their land during a rain storm on September 7, 1987. The plaintiffs alleged that their damages…