Nelson v. McKenzie-hague Co.

STONE, Justice.

In an action to recover damages for tort the jury returned a verdict for plaintiffs, husband and wife. Defendant appeals from the order denying its motion for judgment notwithstanding or a new trial.

Plaintiffs declared upon two causes of action. The recovery of the first, which declared in trespass, is not disputed and not under review on this appeal. The second cause of action stands exclusively upon the theory of nuisance. There was a verdict for $1,500, an amount concededly not excessive. Defendant’s claim that as matter of law it is not liable raises the only question for…