Sumpter v. JE Sieben Construction Company

SHANGLER, Judge.

The plaintiffs filed a petition alleging damage to the residence they occupied from the blasting operations of the defendant construction company. The defendant did not answer or otherwise respond to the petition, and the trial court, after the plaintiffs presented evidence, gave judgment by default against the defendant for $10,000, the full relief requested by the petition.

The defendant seeks on this appeal to have the judgment annulled set aside on grounds that 1) the petition fails to state a cause of action, 2) plaintiffs failed to prove the allegations of their petition,…