Gowing v. McCandless

The opinion of the court was delivered by

Schroeder, J.:

This is an action by upper landowners to recover $219,457.50 for alleged crop damages and $100,000.00 for punitive damages for an alleged obstruction of a watercourse by the lower landowners. (A second cause of action sought an order requiring the removal of the alleged obstructions, but was not resolved by the trial court when this appeal was taken.) A jury awarded the upper landowners, Tommy and Patricia Gowing (plaintiffs-appellees), the sum of $4,575.00 for crop damages. The lower landowners, Layton and Lydian McCandless…