Nafus v. Campbell

McFADDEN, Justice.

Joe Nafus and Sharon Nafus, husband and wife (plaintiffs-respondents), instituted this action against Mark “Buddy” Campbell, defendant-appellant, seeking damages allegedly resulting from a trespass over property of the plaintiffs. The plaintiffs alleged that the defendant had trespassed on their property to clear an irrigation ditch located thereon, and that the defendant had changed the course of the ditch, which resulted in water escaping from the ditch and flooding the plaintiff’s basement, causing damages.

The defendant, in his answer to the complaint, generally denied…