Jopling v. Bluefield Water Works & Improvement Co.

POEEENBARGER, JUDGE:

On this writ of error, to a judgment against a water works company for damages for cutting the water off from plaintiff’s store room, justification of the act complained of is asserted on the one side and denied on the other, in the arguments‘to overthrow and sustain the verdict, on the ground of sufficiency and insufficiency of the evidence, and as the basis for contentions respecting the propriety of rulings on instructions. Assuming the act to have been done without right, -the motive of the defendant becomes an important inquiry in passing upon instructions, respecting…