Bayer v. NELLO L. TEER COMPANY

Defendant assigns as error the denial by the trial court of its motion for judgment of nonsuit as to any cause of action alleged by plaintiffs for the diminution and contamination of their water supply by defendant, which motion was made at the close of plaintiffs’ evidence, and renewed.at the close of all the evidence.

Defendant in its brief makes no contention that there was any error in the trial so far as the jury awarded $200.00 damages to plaintiffs for the defendant’s wrongfully diverting or collecting surface waters and discharging them upon their lands, and makes no contention in its…