Maddocks v. Giles

GLASSMAN, Justice.

Sewall Maddoeks and Janice Maddocks appeal from the judgment entered in the Superior Court (Lincoln County, Fritzsehe, J.) dismissing their complaint against defendant Elbridge Giles, d/b/a E.A. Giles & Son (Giles), seeking damages for the alleged nuisance activities of Giles causing a spring on their premises to become useless. The Mad-dockses contend that the trial court erred in concluding that their complaint failed to state a claim on which relief could be granted. We agree and vacate the judgment.

The complaint alleges the following: The Maddockses own property adjacent…