Kinsland v. . Kinsland

It is a matter of regret that the case upon, its third appearance in this Court cannot finally be disposed of; but for error appearing in the present record determinative issues must be submitted to another jury. On the first appeal it appeared that the principal damage complained of resulted from the erection and maintenance of a dam and gristmill on the defendants’ land (186 N. C., 760), and on the second we said: “There is evidence tending to show that the defendants after invading the plaintiff’s possession built the dam on the plaintiff’s land and that the alleged trespass is continuous…