Pickett v. Brown

ROBERTSON, Judge.

Kenneth and Jane Pickett appeal the granting of Joan and Robert Browns' Ind. Trial Rule 50 motion at the close of the evidence in the Picketts' suit against the Browns to recover damages to the Picketts' property caused by the flow of water and mud from the Brown's property onto the Picketts' property brought about by the construction of the Browns' home. The trial court granted the T.R. 50 motion stating that the common-enemy doctrine precluded the Picketts' recovery. The Picketts raise three issues, none of which constitutes reversible error.

FACTS

The facts in the light most…