V. . Deberry

This action will be for every fresh continuance after a former action brought. It is not usual to give heavy damages in the first verdict, that is chiefly to ascertain the fact whether nuisance or not. If the party afterwards remains obstinate, and a second action becomes necessary, there the damages are usually high. There is some evidence of the assent of the plaintiff's father that defendant might build the mill, and of a subsequent agreement that the plaintiff's father would rest satisfied if the defendant would cut down the dam to 7 1/2 feet; but as no land can be conveyed without deed…