W. T. Ratliff Company, Inc. v. Purvis

MERRILL, Justice.

Plaintiff (appellee), Barney Purvis, sued defendant, W. T. Ratliff Company, Inc., for damage to realty. The jury returned a verdict for plaintiff for $25,000.00. The plaintiff accepted the trial court’s order of remittitur of $7,000.00. Defendant appeals, plaintiff takes a cross-appeal.

Trial was had on plaintiff’s complaint on three counts as follows: Count I in trespass in that defendant dumped large quantities of debris on plaintiff’s property; Count IV in wanton conduct in that defendant “knows or should have known” that materials piled on defendant’s property would slide…