IRVING MATERIALS, INC. v. CARMODY

No. 2-1081A337.

436 N.E.2d 1163 (1982)

IRVING MATERIALS, INC., Appellant (Defendant below), v. Donald CARMODY, Kathy Carmody, Williams Downs, Glenna Downs, Carl Maddox, Gertrude Maddox, Margaret Grice, Appellees (Plaintiffs below).

Court of Appeals of Indiana, Second District.

Rehearing Denied August 23, 1982.


Attorney(s) appearing for the Case

Sidney E. McClellan, Muncie, for appellant.

John M. Blevins, Anderson, for appellees.


SHIELDS, Judge.

Defendant-Appellant Irving Materials, Inc. appeals a trial court award of damages to Plaintiffs-Appellees of $11,645.44. Irving Materials raises two issues on appeal:

1) Whether the award is contrary to law, and 2) Whether the evidence is sufficient to support the award.

We reverse.

Irving Materials owns and operates a gravel pit on land near the lands of the seven appellees. During full operation, Irving Materials...

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