Florida Power & Light Co. v. Porter

OPINION OF THE COURT

RICHARD O. WATSON, Circuit Judge.

This cause was heard upon Petitioner’s motions to exclude and/or strike damage claims.

Defendants, Maltby, claim damages of $8,000.00 ($100.00 per acre) as severance damages for herbicide and fertilizer which Defendants claim eroded away when 80 acres of their potato farm were flooded *169during construction of a transmission line after the taking. Defendants claim that the flooding occurred because a drainage culvert under the right of way was accidently crushed by a contractor hauling a load of dirt across it.

Petitioner contends the claim is a…