Cowart v. McLarin

1. On the trial of an action for damages to land caused by an alleged abatable nuisance—that of the defendant’s damming a stream and flooding the plaintiffs’ lands—the plaintiffs amended their petition to allege their measure of damages as the diminution in the rental value of the lands affected, after the court had overruled the defendant’s demurrer to the petition at a prior term of the court, the ground of which was that other measures of damages alleged were not recoverable. The plaintiffs did not strike from the petition the measures of damages first alleged, which were inconsistent with…