Morey v. Dixie Lime & Stone Co.

Deen, Presiding Judge.

1. (a) Error is assigned on the following jury instruction: "I charge you that in determining whether plaintiffs are entitled to damage and how much, if any, you would have the right to take into consideration any knowledge plaintiffs had prior to purchasing said property of any previous damage thereto by reason of the operation of said adjacent mine, and whether or not at the time of actual purchase they were aware that the sludge from said mining operation was overflowing on the lands which they purchased or any part thereof.”

To tell the jury that in considering how…