Kallevig v. Holmgren

Kogosheske, Justice.

Plaintiff, John Kallevig, appeals from a denial of his post-trial motions for judgment notwithstanding the verdict or, in the alternative, for a new trial. Plaintiff’s actions for damages were submitted to the jury upon claims (1) that defendant Holmgren Brothers, Inc., unreasonably diverted surface waters from its 19-acre tract of land across plaintiff’s farmland, and (2) that individual defendant Merland Holmgren unreasonably diverted upon plaintiff’s land overflow and waste from an apartment building septic tank situated on a 1-acre tract adjoining the 19-acre tract.

Cons…