Duncan v. Southern Railway Co.

The opinion of the Court was delivered by

Mr. Justice Marion.

Action for damages on account of alleged negligent construction of a dam across a stream traversing bottom lands •of the plaintiffs. On the trial below the Circuit Judge directed a verdict for the defendant, and from judgment thereon plaintiffs appeal upon the sole ground that—

“There was testimony that the defendant was negligent in the construction of said dam and that this question should .have been submitted to the jury.”

The evidence adduced established, or tending to establish, that the dam in question was constructed of rock and…