Heitzeg v. Town of Keister

OPINION

RANDALL, Judge.

This is a nuisance action brought against the town of Kiester by a farmer, Charles Heitzeg, who alleges that the town’s failure to install a culvert under the township road which bisected his land created a nuisance. In answer to a special interrogatory, the jury found that the town’s failure to install a culvert created a nuisance, and awarded Heitzeg $6,000.00 in damages. In addition, the court on its own motion ordered the town to install a culvert. After its motion for judgment n.o.v. or for a new trial was denied, the town appealed. We reverse.

FACTS

Heitzeg owns land…