Ben M. Hogan Co. v. Fletcher

Jim Johnson, Associate Justice.

This appeal arises from a suit against a highway contractor for damage to real property. Appellees Adrian Fletcher and Marie Fletcher, his wife, sued appellant Ben M. Hogan & Company in Washington Circuit Court alleging that while appellant was reconstructing Highway 16 between Fayetteville and Elkins, appellant improperly constructed a ditch so that about two acres of appellees’ land failed to drain, making it impossible to maintain fences or pasture cattle, and sought $15,000 damages. After appellant’s answer, appellees filed an amendment to their complaint…