Ely v. Kirk

ROONEY, Justice.

Appellants appeal from a judgment finding them negligent in the operation of a sewage system by allowing it to back up into the basement of appellee’s home on a number of occasions. Appellants contend that negligence was not established at trial, that damages were not properly determined, and that damages should not be assessed in any event against appellant Ron Ely inasmuch as the utility was operated as a corporate entity.

We affirm the judgment as it pertains to the issues on negligence and on Ron Ely’s liability, and we reverse on the issue of damages to real property and…