Ray Jones, Inc. v. Cowan

Webb, Judge.

Mrs. Cowan and the trustee of her deceased husband’s estate sued for damages and injunctive relief alleging that in grading and developing an adjacent subdivision Ray Jones, Inc. had caused "vast amounts of dirt and silt to form large unsightly deposits in plaintiffs’ lake.” The jury returned a verdict in favor of plaintiffs for $9,000. Jones contends that a new trial should have been granted because the trial judge improperly instructed the jury as to punitive damages, and we agree.

The trial court charged upon plaintiffs’ request1 in the language of Code § 105-2002 that "In every…