Harrington v. Neese

This was an action on a distress warrant for the rent of a store house building; and the defendant filed a counter-affidavit asking for a recoupment against the plaintiffs because of alleged damage to his goods occasioned by rain falling on them because of a leak in the roof of the building. On the trial, the evidence as to the leak and the damage to the goods was conflicting. The jury returned a verdict in favor of the plaintiffs for $618.46; the defendant’s motion for a new trial was denied, and he excepted.

Special ground 1 of the motion for new trial complains of the following excerpt from…