Edwards v. Talent Irrigation District

Plaintiffs filed this action in both trespass and negligence asserting that they had suffered damage as a result of the entry of water onto their property caused by defendant’s irrigation ditch. The jury returned a verdict in favor of plaintiffs on the negligence issues only. Plaintiffs recovered general damages for mental anguish and special damages. Defendant appealed.

Defendant asserts that the trial court erred in refusing to strike plaintiffs’ claim for damages for mental anguish. Defendant’s position upon appeal is that recovery for mental anguish cannot be had in a negligence action…