POPE, Judge.
The issue presented on appeal is whether the trial court erred in failing to grant appellant's motions for directed verdict and judgment notwithstanding the verdict. Appellant's motions were predicated on its belief that appellee failed to prove damages. Appellee brought this action contending damage to his property from water diverted onto his land by appellant. Appellant argues that the case was tried on the theory of trespass pursuant to a pre-trial...
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