We do not think the amended narr of Aug. 31,1888, introduced a new cause of action. It was a mere restatement, in a more distinct form, of the original cause of action. It was not error, therefore, to allow this amendment to be filed.
It must be conceded that if the dam at the time of the commencement of this suit was in the same condition that it was when it was originally constructed, the plaintiffs would have had no cause of action. The plaintiffs’ contention was that it had been raised by the use of permanent splashboards, by means of which the plaintiffs’ land had been overflowed, and their crops injured. If the dam had been raised, as alleged by plaintiffs, it would amount to an enlargement of the same within the meaning of the present constitution, which abolished the old rule in regard to consequential damages, and established one more in accord with justice. Sec. 8, art. xvi, of that instrument declares that: “ Municipal and other corporations
Judgment affirmed.