Irving Materials, Inc. v. Carmody

SHIELDS, Judge.

Defendant-Appellant Irving Materials, Inc. appeals a trial court award of damages to Plaintiffs-Appellees of $11,645.44. Irving Materials raises two issues on appeal:

1) Whether the award is contrary to law, and

2) Whether the evidence is sufficient to support the award.

We reverse.

Irving Materials owns and operates a gravel pit on land near the lands of the seven appellees. During full operation, Irving Materials continuously pumps off twelve feet of water in the pit, discharging it into a nearby stream. Seven or eight wells in the area went dry a few months after the pump began…