Johnson v. Tipton

PRESIDING JUSTICE SEIDENFELD

delivered the opinion of the court:

The plaintiffs, members of a farm family, claim that they were injured in their health and property by heavy metal and phenol pollution resulting from storage of defendant Valspar Corporation’s manufacturing wastes on the adjoining farm occupied by the defendant, Walter Tipton. A jury returned a verdict in favor of both defendants, upon which the trial court entered judgment. Subsequently, the court denied post-trial motions for judgment n.o.v. or, in the alternative, for a new trial. Plaintiffs appeal, contending that the verdict…