Langley v. Staley Hosiery Mills Co.

In response to the third issue the jury awarded the plaintiff permanent damages; and to the proposition that upon the pleadings, the evidence, the record, permanent damages could not be awarded the principal exceptions are addressed. Whether these exceptions should be sustained is the question for decision.

The jury was instructed, in accordance with the rule approved in Brown v. Chemical Co., 162 N. C., 84, that incidental benefits accruing to the party injured cannot be set off against damages' resulting from the alleged nuisance, because such party cannot be required to accept indemnity in…