McGee v. . Fox

(767) There were no exceptions to evidence.

There was no written prayer for instructions, but plaintiffs' counsel in his address to the jury asked the court to charge, that if any part of plaintiffs' land had been benefited by the ponding-back of the water from defendants' dam, this benefit did not belong to defendants and they could not set this up as a counterclaim to offset the damage plaintiffs had sustained. The court charged that the defendants could not set up as a counterclaim any benefit, if any, which plaintiff may have received by such ponding-back, but the jury, upon all the…