Myers v. Arnold

Mr. PRESIDING JUSTICE MILLS

delivered the opinion of the court:

This case involves 60-80 truckloads of concrete — all dumped on plaintiffs’ property.

A jury found such dumping wrongful and gave plaintiffs a verdict of $12,000.

Defendant appeals, claiming: (1) The trial court erred when it allowed plaintiffs to recover the cost of repair rather than the diminution in market value; (2) the court erred in excluding certain evidence; and (3) the jury’s decision is against the manifest weight of the evidence.

We affirm.

Facts

In 1972 or 1973, the plaintiffs purchased a 20-acre tract of land near Leroy,…