Dye v. Burdick

John A. Fogleman, Justice.

This is an appeal from a judgment on a verdict directed against appellants Herman Dye and his wife, whose home was destroyed by flooding which resulted from the bursting of a dam on property owned by appellees. We agree with appellants that a verdict should not have been directed upon the conclusion of the evidence on behalf of the appellant-plaintiffs.

Sometime in the 1960’s, Clifford Mills contracted with a contractor to build a stock pond or small lake on a farm he owned in Benton County, by building an earthen dam across a narrow hollow or ravine which constituted…