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PLANET PLOWS, INC. v. EVANS

No. 9083.

600 S.W.2d 874 (1980)

PLANET PLOWS, INC., Appellant, v. Alta EVANS, Appellee.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Granted May 21, 1980.

Attorney(s) appearing for the Case

Whittenburg, Whittenburg & Schachter, Cary Schachter, Amarillo, for appellant.

Humphrey & Humphrey, Clifford Humphrey, III, Amarillo, for appellee.

REYNOLDS, Chief Justice.

Alta Evans secured a jury verdict for $3,000 actual damages caused by Planet Plows, Inc.'s material diversion of the natural flow of surface waters onto, and its impoundment on, her property, together with an award of $15,000 for punitive damages. Judgment was rendered on the verdict. For the court's erroneous submission of the measurement of damages without provision for apportionment thereof, and the lack of evidential support for the finding...

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