Jarrett v. Matheney

This appeal arises from a suit against a highway contractor for damage to real property. Appellees Adrian Fletcher and Marie Fletcher, his wife, sued appellant Ben M. Hogan & Company in Washington Circuit Court alleging that while appellant was reconstructing Highway 16 between Fayetteville and Elkins, appellant improperly constructed a ditch so that about two acres of appellees land failed to drain, making it impossible to maintain fences or pasture cattle, and sought $15,000 damages. After appellants answer, appellees filed an amendment to their complaint alleging that appellant was estopped to deny that it was appellants negligence in the highway construction which caused the damage to appellees land. Trial was held on December 17, 1962, and at the close of appellees case, appellant moved for a directed verdict, which was denied. Appellant then rested, and the case