Evans v. Mutual Mining

STARCHER, Justice:

Ralph E. and Nellie S. Evans appeal a jury verdict awarding them $5,000 for the damages they suffered when an impoundment of water under the control of Mutual Mining (“Mutual”) inundated their property. On appeal, Mr. and Mrs. Evans allege the damage award was inadequate because of the circuit court’s following errors: (1) exclusion of their testimony as owners of the value of their personal property, (2) exclusion of evidence of the concomitant damage which occurred on five other occasions, (3) exclusion of evidence of mental anguish, and (4) failure to grant a directed…