Southern Railway Co. v. Cook

Suit was brought against the Southern Railway Company, for damages alleged to have been sustained by reason of its having maintained a nuisance in keeping a dam across a stream on the plaintiff’s land, as a result of which his field was inundated and rendered unfit for cultivation. The defendant filed a .special plea in abatement, alleging the pendency of another suit between *287the same parties for the same cause of action. -The issue raised by this special plea was first tried, the court directing a verdict against the plea. The defendant filed exceptions pendente lite, on which error is…