People v. Utica Cement Co.

The only questions presented fa*’ our consideration upon the assignment of errors on this record are those arising upon the instructions. We shall consider them in the order presented. It is first insisted that the court erred in giving the eleventh instruction for the appellee, and also in refusing to give the qualification thereto, asked by the appellants. The eleventh instruction, as given, was as follows:

11th. Althoúgh' the jury may believe, from the evidence, that the Illinois and Michigan canal has been damaged by the flow of the waters of the creek in question, still, if the jury…