City of Jackson v. Filtrol Corp.

SAM D. JOHNSON, Circuit Judge:

This is an appeal from a diversity case, Mississippi law controlling, brought by the City of Jackson, Mississippi (the City) against Filtrol Corp. for additional costs that the City incurred in constructing a sewer line on its right-of-way over Filtrol’s property and some property adjacent to Fil-trol’s.1 The City alleged that it incurred these additional costs because Filtrol had contaminated its property and the adjacent property with a concentration of sulfuric acid high enough to corrode ordinary cement sewer pipes. At the close of the City’s evidence, the…