Adams Construction Company v. Bentley

PALMORE, Judge.

This is an appeal by the operator of an asphalt mixing plant from a $2,500 judgment awarded the appellees for diminution in the value of the use of their property during the maintenance of a temporary nuisance. The existence and disagreeable effects of the nuisance were amply proved, and no question is raised as to appellant’s liability. It is contended, however, that the trial court should have sustained appellant’s motion for a new trial on the ground of excessive damages.

Appellees own three dwellings and a store building on U. S. Highway 23 near the city .of Jenkins in…