Mathis v. Barnes

OPINION ON REMAND

BRIAN HOYLE, Justice.

Dr. Lee Roy Mathis brought suit against H.E. “Buster” Barnes alleging that Barnes damaged his property and asserting that Barnes’s conduct constituted a nuisance, trespass, negligence, and gross negligence. A jury determined that Barnes was not liable to Mathis, and the trial court entered judgment in accordance with the jury’s verdict. We affirmed the trial court’s judgment with regard to Mathis’s claims of negligence and gross negligence, but reversed and remanded for a new trial on his claims of nuisance and trespass, holding that the evidence was…