Cox v. Martin

Hawkins, Justice.

This was an action by Esther L. Martin against W. R. Cox to recover damages alleged to have been occasioned by the discharge of surface waters from the property of the defendant upon that of the plaintiff, and to enjoin the continuation thereof. After a verdict in favor of the plaintiff for damages and injunction, the defendant duly filed his motion for a new trial, and to the judgment overruling it, he excepted. The trial court charged the jury: “If you believe that water from a down spout or down spouts on the defendant’s property, that is, the Cox property, was discharged…