Gunter v. Logue

Clark, Judge.

Plaintiffs brought a tort action for trespass to realty alleging that defendant, a builder, constructed a drainage ditch upon their property. Defendant answered, denying the material allegations of the complaint and setting forth, inter alia, that (1) the drainage ditch was not constructed upon plaintiffs’ property, but upon adjacent property and (2) the construction of the drainage ditch upon adjacent property was at the direction of the county health department. A verdict was rendered against defendant for $3,000 actual and $3,000 punitive damages. Judgment was entered upon the…