Cooper v. Thomas

Opinion by

Judge Coper:

Even if the refusal of the court to strike out that part of the petition indicated by the motion of appellants, or its refusal to allow the amended answer offered by them to be filed, was erroneous, yet the error did not prejudice their rights, or prevent them from having a fair trial. The court, in instructing the jury, told them that they could not find for the appellees except for damage sustained prior to the commencement of the action.

The barrier put up by appellants to prevent the snow and ice from falling off the church on to appellees’ house was not erected until…