Sinclair v. Roush

Action by the appellant against the appellee for a nuisance in the erection of a dam, whereby water was caused to overflow the lands of the plaintiff. Trial by *451a jury; verdict for the plaintiff for one cent damages, and judgment, over plaintiff’s motion for a new trial.

The evidence is not set out. It appears by a' bill of exceptions, that “ during the progress of the trial, the plaintiff asked a witness on the stand to testify as to the amount of damages the plaintiff had sustained by the overflowing of his land.” The defendant objected to the question, and the objection was sustained, and to…