Krystal Co. v. Carter

Marshall, Chief Justice.

The appellee-landowner brought an action for injunction and for compensatory and punitive damages for trespass, alleging that the appellant — in constructing a place of business on the lot adjoining the appellee’s lot — was wilfully and maliciously refusing to stop dumping “huge amounts” of fill, dirt, and soil upon his property in violation of his proprietary rights after he had given the appellant oral and written notice of this trespass. Following the entry of a default judgment for the plaintiff-appellee, there was a trial as to the issue of damages, resulting in a…