CABRAL v. McBRYDE SUGAR CO., LTD.

No. 8129.

647 P.2d 1232 (1982)

Manuel R. CABRAL and Irene M. Cabral, husband and wife, Plaintiffs-Appellants, v. McBRYDE SUGAR CO., LTD., Defendant-Appellee.

Intermediate Court of Appeals of Hawaii.

Reconsideration Denied July 13, 1982.

Certiorari Denied August 5, 1982.


Attorney(s) appearing for the Case

Bernaldo D. Bicoy, Honolulu (Ernest Y. Yamane, Honolulu, with him on the briefs), for plaintiffs-appellants.

Carleton B. Reid, Honolulu (Ashley K. Fenton, Honolulu, with him on the briefs), for defendant-appellee.

Before BURNS, C.J., HEEN, J., and TSUKIYAMA, Circuit Judge, Assigned by reason of vacancy.


BURNS, Chief Judge.

The Cabrals sued McBryde, alleging that their property was damaged by the overflow of McBryde's negligently maintained irrigation flume. The jury found the Cabrals more negligent than McBryde, and judgment was filed in favor of McBryde.

On appeal the Cabrals raise two issues:

I. McBryde is strictly liable for damages suffered by the Cabrals' property.

II. The lower court reversibly erred in denying the Cabrals' Motion for...

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