Edge v. Hook

CULLEN, Commissioner.

Jack Edge, owner of a farm in Daviess County, and Edward Foste», his tenant, brought action against T. M. Hook, a highway contractor, for damages to the plaintiffs’ tobacco crop alleged to have been caused by dust arising from road and bridge construction work done by Hook upon a highway adjoining Edge’s farm. The court dismissed the complaint- upon *311the ground that it did not state a claim upon which relief could be granted. CR 8.01, 12.02. The plaintiffs have moved for an appeal, the amount involved being less than $2,500.

The action is predicated on negligence, and the…