Brouwer v. Stephens

Tom Glaze, Judge.

This appeal arises from the trial j udge’s decision that appellant removed topsoil from appel-lees’ adjoining land, caused water to drain onto it, and damaged appellees in the sum of $2,047.37. For reversal, appellant contends (1) the chancellor failed to apply the proper measure of damages, and (2) his findings were against the preponderance of the evidence. We affirm.

The parties agree that the proper measure of damages is the difference between the fair market value of appellees’ land before and after appellant caused the injury. St. Louis Iron Mountain & Southern Railway…