This section contains the nature of the case and procedural background.

P got flooding in his basement because the water table was higher than the floor of the basement. P blamed that flooding on D as it might have contributed to the raising the water table under P's land by filling in a pothole. P got a jury verdict of $60,000 for damages caused to his land by D who negligently made physical changes to their land which abuts P's. Large amounts of water flowed onto P's land. The judge allowed the verdict to stand but ordered a remittitur of $35,000 for an award of $25,000. D appealed.

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