Carr v. Noah
Indiana Court of Appeals
From Decatur Circuit Court; F. T. Hord, Judge. Action by W. R. Noah and others against V. N. Carr.. From a judgment for plaintiffs, defendant appeals.
1Opinion of the CourtComstock, C. J.
Appellees, who were plaintiffs below,, recovered a judgment against appellant for $20 damages for the diversion by appellant of a stream of water from its natural channel; The errors assigned are the action of the trial court in overruling appellant’s demurrer to the complaint, and in overruling his motion for a new trial. The only questions discussed are founded upon the following' reasons set out in the motion for a new trial: (1) The decision of the court is not sustained by sufficient evidence,, and (2) the damages assessed are excessive.
For the decision of the questions presented, an…
2Cited by1 opinion
- Ploughe v. Indianapolis Railways, Inc.Indiana Supreme Court · 1943