Morris Associates, Inc. v. Priddy

MILLER, Justice:

This is an appeal by the plaintiffs below, Morris Associates, Inc., from a final order of the Circuit Court of Raleigh County ordering a new trial on all issues. The plaintiffs contend that the trial court should have ordered a new trial only on the issue of damages. We do not agree, and, accordingly, the judgment of the trial court is affirmed.

In 1974, the defendant below, Max E. Priddy, purchased a parcel of land from Morris Associates. The defendant installed a six-foot diameter culvert on this property, over which he placed a fill to level the property so that it could be…