1 Rawle 27 | Pa. | 1828
The principal point was determined in Alexan- ■ derv. Kerr, during the last term at Pittsburg, where it was held, that the law implies damage from flooding the ground of another, though it be in the least possible degree, and without actual prejudice; and the same principle was ruled at Sunbury, the term preceding, in a case the name of which is not recollected. But where the law implies the injury, it also implies the lowest damages, except in cases of personal injury, where damages are given, not to compensate, but to punish. Here, however, it is said, the plaintiff undertook to prove special damage, and, therefore, staked his case on the event.
Judgment reversed, and a venire facias de novo awarded.