Carruthers v. . Tillman

This action lies for any overflowing of the plaintiff's land, the maxim being, "You must so use your own as not to prejudice another's property"; but the action may be continued from time to time till the defendant is compelled to abate the nuisance; every continuance thereof after a preceding action being considered as a new erection. The first action is regarded as a trial of the question whether a nuisance or not. Therefore, it is not proper, in the first instance, to give exemplary damages, but such only as will compensate for actual loss, as killing the timber or overflowing a field so…