Toy v. Atlantic Gulf & Pacific Co.

The effect of the pleadings in this case made it an action sounding in negligence whereby the defendant was chargeable with the deposit of great quantities of earth in navigable water, so that a pond for carp on the land of the plaintiffs, and the navigation of an approach to the plaintiffs’ premises, were averred to be destroyed, so that the value of the plaintiffs’ land was greatly diminished. At -the close of the testimony on the part of the plaintiffs, the -defendant offered no evidence, but submitted a prayer to take the case from the jury on the ground of the legal insufficiency of the…