Donnell v. Vigus Quarries, Inc.

WEIER, Judge..

Plaintiffs filed their petition against adjacent landowners, the defendants, in four counts. Count I sought actual and punitive damages for the willful destruction of plaintiffs’ timber and a change of the surface of some of their land by grading. The jury returned a verdict for plaintiffs in the amount of $500.00 on this count. Under Count II the plaintiffs alleged a diversion of the natural flow of a stream by excavating a new channel and filling in the old channel, causing additional hydraulic force and turbulence which eroded plaintiffs’ downstream land. The court denied the…