Jenkins v. Dixie Specialty Co., Inc.

Ness, Justice;

In this tort action respondent Jack L. Jenkins, d/b/a/ Jack’s Villa was awarded a jury verdict in the amount of $12,500 for mud and water damage to his building caused by negligent grading and road construction by appellant Dixie Specialty Company, Inc. We affirm.

Dixie’s property is situated atop a steep incline above Jenkins’ place of business. It obtained a permit from the highway department to lower the grade of the incline and replace the ditches on the highway right-of-way. Dixie failed to restore the drainage ditches on either side of the road as required by the permit.…