Shell v. Town of Evarts

Opinion op the Court by

Perry, Commissioner—

Reversing.

This action on the case was brought by the appellants in the Harlan circuit court to recover of the appellees damages for the negligent construction and operation of a reservoir, by reason of which it burst and resulted in overflowing and damaging appellants’ property, situated on the hillside below.

A trial of the cause resulted in the court’s entering, at the conclusion of the introduction of evidence for plaintiffs, a directed verdict in favor of defendants. From the judgment entered on that verdict, this appeal is prosecuted.

Appellants,…