Cotton Co. v. . Henrietta Mills

Civil action (1) for trespass, and (2) for negligent construction and operation of river dam.

It is alleged that thirty acres of plaintiff's land situate on Puzzle Creek have been sobbed and soured and the shrubbery thereon destroyed by the construction and negligent operation of the defendant's milldam on Second Broad River, which is several miles below plaintiff's property.

On the hearing, the plaintiff abandoned its allegations of negligence, and elected to stand solely upon its action for trespass.

On the issue of liability, the court instructed the jury as follows:

"The court instructs you…