Milford v. Tidwell

SIMPSON, Justice.

Appeal by fhe defendant from a judgment on the jury’s verdict in favor of the plaintiff in the amount of $2,100.00. The suit was brought to recover for damages to real property allegedly -sustained through blasting operations conducted by the defendant, in constructing a highway.

The complaint, as drawn in three separate counts, seeks to predicate liability under two theories, i. e., negligence and trespass (absolute or strict liability). All three-counts were submitted to the jury.

Count one, claiming damages and alleging ownership of the real property, sounds in negligence…