Randall Goodman and Wife v. Balthrop

CONNER, Judge. OPINION The issues presented are whether the jury's verdict is supported by evidence and whether the trial Judge correctly excluded from evidence, as an offer of settlement, an exhibit offered by defendant. The defendant-appellant, City of Lafayette, Tennessee, 1 installed a new water system. Balthrop Construction Company was the contractor. The plaintiffs, Randall and Joann Goodman, paid a tap fee to Lafayette to obtain city water at their home on August 29, 1977. Subsequently, on March 18, 1978, an employee of the city installed the water meter. At that time Mr. Goodman connected his water system to the city's meter and turned on ""his end"" of the system. Then, Mrs. Goodman informed the city that their pipes were installed and that they were ready for city water service. Subsequent to that call, someone turned on the water at the meter. Plaintiffs, Balthrop and employees of the Lafayette water operation have all denied activating the system.