Davis v. . Smith

The questions which were presented on the former appeal, 141 N. C., 108, need not again be considered. There was evidence in support of the plaintiff’s contentions, and the rulings and instructions of the trial court conformed to wbat was said by us on the former bearing. the plaintiff is not complaining of the diversion of surface water, and bis Honor confined the jury to the damage done the plaintiff’s wall by water falling from the defendant’s roof. Davis v. Power Co., 171 N. Y., 336; 89 Am. St., 817. If the defendant caused or permitted tbis, it was not competent to show that if the…