DYE v. BURDICK

No. 77-6.

553 S.W.2d 833 (1977)

Herman DYE et ux., Appellants, v. Fred R. BURDICK et ux., Appellees.

Supreme Court of Arkansas, In Banc.

July 18, 1977.


Attorney(s) appearing for the Case

Howard L. Slinkard, Rogers, for appellants.

Little, Lawrence, McCollum & Mixon by Sidney H. McCollum, Bentonville, for appellees.


FOGLEMAN, Justice.

This is an appeal from a judgment on a verdict directed against appellants Herman Dye and his wife, whose home was destroyed by flooding which resulted from the bursting of a dam on property owned by appellees. We agree with appellants that a verdict should not have been directed upon the conclusion of the evidence on behalf of the appellant-plaintiffs.

Sometime in the 1960's, Clifford Mills contracted with a contractor to build a stock...

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