Webster v. Boone

Opinion by Judge VOGT.

Defendants, Robert J. Boone, Kathleen A. Boone, and Lyons Excavating, Inc., appeal the judgment entered on a jury verdict in favor of plaintiffs, Larry Webster and Barbara Webster, on claims of negligence, trespass, and nuisance. Plaintiffs cross-appeal. We reverse and remand for a new trial.

Defendants Robert and Kathleen Boone, the owners of defendant Lyons Excavating Co., own property adjacent to and uphill from plaintiffs’ property in Lyons, Colorado.

When plaintiffs purchased their property, a portion of an abandoned railroad grade, ten to twenty feet high, traversed…