Scott Construction Co. v. Cobb

McMahan, J. —

Complaint by appellee to recover damages for injuries to real and personal property, caused by taking earth and stone from her land, and for casting and throwing stone upon her land, thus injuring the land, the buildings thereon, and killing two cows which were pasturing.on her land. Appellant and George W. Gist were named in the complaint as codefendants. Gist was not served with process, did not appear and was not defaulted. Appellant filed an answer of denial and payment. A trial by jury resulted in a verdict and judgment against appellant for $700.

The contentions that the…