Schmidt v. Paul

TURNAGE, Judge.

Glenn Schmidt and Pauline Schmidt brought suit against Elmer J. Paul and Gertrude A. Paul, his wife, for damages resulting from mud and debris washing from the Paul property onto the Schmidt property. The trial court,, sitting without a jury, found in favor of Schmidt and awarded damages in the sum of $5,000.

On this appeal the Pauls contend (1) the judgment should not have been entered against Gertrude Paul because there was no evidence to show her husband acted as her agent or that she had otherwise actively caused the condition complained of; (2) the evidence does not support…