Happy v. Kenton

COIL, C

Appeal from judgment entered upon jury’s verdict for $11,000 awarded plaintiff-respondent for loss of growing crops, and reasonable rental value of land made inaccessible by reason of water thereon, as a result of a dam allegedly unlawfully constructed by defendants-appellants. We shall refer to the parties as plaintiff and defendants.

Defendants contend that: the court erred in refusing to direct verdicts for them at the close of all the evidence, in giving instructions 1 and 3; and that the verdict is excessive.

We have concluded for the reasons to be stated that the judgment should be…