24 N.Y.S. 1009 | N.Y. Sup. Ct. | 1893
Plaintiff’s 10-acre lot was in part flooded by the wrongful acts of the defendant in opening a ditch, and letting the water therefrom onto the lands of the plaintiff. There was ample evidence to sustain the allegations in the complaint as to the wrongful acts of the defendant, and plaintiff’s cause of action was amply supported by evidence given before the jury. Alter a careful inspection of the evidence, it is difficult to discover proof indicative that more than 4 acres of the plaintiff’s 10-acre lot were flooded. Charles Reichert, a son of.the plaintiff, was sworn in his behalf, and testified, viz.: “The water was let in onto the oat field, and flooded about half of the lot.” Again he says: “There was probably a third of the ten acres covered with water.”
2. When the plaintiff was upon the stand as a witness he was allowed to testify, viz.: “If land had not had the water turned onto it, it would be worth $14 or $15 an acre. I seeded it and sowed it. It would not be worth enough to pay for the labor, with the water turned on through the ditches.” The appeal book states, viz.: “The above testimony was received under the defendant’s objection to each and every part thereof, duly taken, as incompetent, irrelevant, and immaterial, and not the proper