Magnolia Apartments, Inc. v. Hanes

The only question on this appeal is whether the evidence, taken in the light most favorable to plaintiff and giving to it the benefit of every reasonable inference which can be drawn therefrom was sufficient to withstand defendant’s motion for a directed verdict. (See Musgrave v. Mutual Savings and Loan Association, filed in this court on this date).

The theory of plaintiff’s complaint is that defendant, through the grading of his property, diverted surface waters from their natural flow and caused them to seep through the ground at the railway right-of-way, saturating the soil on plaintiff’s…