Burkshire Terrace, Inc. v. Schroerlucke

PALMORE, Judge.

Burkshire Terrace, Inc., the subdivider and developer of a tract of land west of Manslick Road in Jefferson County, appeals from a judgment entered pursuant to a verdict awarding David Schroerlucke and wife $12,000 for damages allegedly inflicted on their property by surface waters flowing from the subdivision.

The appellant contends it was entitled to a directed verdict because the evidence showed conclusively that it had not tapped any additional watersheds or diverted waters onto the appellees’ property that would not naturally have flowed there anyway. In this respect the…