Biscayne Trust Co. v. Pennsylvania Sugar Co.

In a tort action at the close of the plaintiff’s testimony, the court directed a verdict for the defendant upon which judgment was rendered and the plaintiff took writ' of error.

The declaration alleges that the defendants “wilfully, wrongfully and unlawfully caused to be constructed, kept and maintained in the Miami canal, a drainage canal within the Everglades Drainage District, a certain dam, which said dam prevented and hindered the flow of water to the sea, and that said dam caused water to accumulate from rainfall and other sources so that the aforesaid lands of the plaintiff were…