Dickerson Const. Co., Inc. v. Dozier

John A. Fogleman, Justice.

During the performance of a contract for highway repairs, the appellant, Dickerson Construction Company, Inc., constructed an earthen dam or “haul road” across a drainage ditch adjoining the appellee’s property. The purpose of this “haul road” was to allow the appellant’s equipment to traverse the ditch. During the period from Friday afternoon, July 8, 1977, to Sunday afternoon, July 10, 1977, a substantial rainfall occurred and this road acted as a dam, causing water to back up in the ditch, ultimately resulting in the inundation of approximately 190 acres of the…