Cochran v. Hasty

The plaintiffs brought suit against the defendants seeking damages and a permanent injunction. The complaint was in two counts, one alleging the defendant had negligently caused or allowed water to back up on plaintiffs' land. The other count charged these same acts had been done wantonly. The jury returned a verdict against defendants for $2,000. The trial judge subsequently enjoined the defendants from allowing the water to encroach upon plaintiff's property. From the awarding of these damages the defendants appeal. We reverse and remand.

The dispositive issue is whether, in this instance,…