Chesapeake O. Railway Company v. Stephens

Opinion of the Court by

Judge Dietzman

Reversing.

The appellee brought this action against the appellant to recover for damages done a tract of.land owned by him on Beaver creek and occasioned, as he claimed, by the obstruction of that creek and the diversion of its waters by the appellant, which owned a right of way on the opposite bank of the creek. The jury awarded him damages in the sum of $500, and from the judgment entered on that verdict, this appeal is prosecuted.

As grounds for reversal, appellant claims that it was entitled to a peremptory instruction; that the verdict is flagrantly…