MONTEGA CORPORATION v. Hazelrigs

Jordan, Justice.

Hazelrigs, the guardian of Brand, sought damages and equitable relief against Montega Corporation for Brand, alleging a continuing and abatable wilful trespass and nuisance, in that Montega, by reason of construction activities on its land adjacent to land owned by Brand, caused and was causing unnatural flooding and the deposit of soil and rocks on Brand’s property. This is an appeal from an interlocutory order, duly certified by the trial judge, overruling the defendant’s motion to strike paragraph 18 of the petition, as follows: "As a further direct and proximate result of…