O'TOOL v. HATHAWAY

No. 89-1010.

461 N.W.2d 161 (1990)

Daryl O'TOOL and Sheila O'Tool, Appellees, v. Paul HATHAWAY and Joe Hathaway, Individually and doing business as Hathaway Limited, Appellants.

Supreme Court of Iowa.

September 19, 1990.


Attorney(s) appearing for the Case

James A. Pugh and William D. Werger of Morain, Burlingame, Pugh, Juhl & Peyton, West Des Moines, for appellants.

John M. McHale of The Peters Law Firm, P.C., Council Bluffs, for appellees.

Thomas J. Miller, Atty. Gen., and John P. Sarcone and David L. Dorff, Asst. Attys. Gen., for amicus curiae Iowa Dept. of Agriculture and Land Stewardship, Div. of Soil Conservation.

Considered by McGIVERIN, C.J., and LAVORATO, NEUMAN, SNELL and ANDREASEN, JJ.


NEUMAN, Justice.

This controversy arose when the defendants' soil conservation terrace suffered a break and spilled 40,000 gallons of water into the neighboring plaintiffs' basement. On appeal from the district court's judgment for the plaintiffs, the defendants challenge the court's findings of liability and proximate cause. The plaintiffs cross-appeal because the trial court awarded them all their material cost but no labor expense to restore their home. The Soil...

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