PATTERSON, Justice.
From a judgment of $2500 awarded by the Circuit Court of the First Judicial District of Hinds County, Mississippi, the defendant appeals. This judgment was pursuant to a declaration alleging negligence, an answer thereto, and evidence taken thereon in open court. The gravamen of the declaration is that the defendant, by constructing a roadway adjacent to plaintiffs' residence, negligently made large excavations and negligently operated heavily...
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