Planet Plows, Inc. v. Evans

REYNOLDS, Chief Justice.

Alta Evans secured a jury verdict for $3,000 actual damages caused by Planet Plows, Inc.’s material diversion of the natural flow of surface waters onto, and its impoundment on, her property, together with an award of $15,000 for punitive damages. Judgment was rendered on the verdict. For the court’s erroneous submission of the measurement of damages without provision for apportionment thereof, and the lack of evidential support for the finding of actual damages, we reverse and remand.

Alta Evans owned property, improved with her home, contiguous to property purchased…