1. On the trial of an action for damages for loss of crops, alleged to have been occasioned by defendant placing obstructions in a running stream below plaintiff’s land, thereby rendering the land unfit for cultivation by reason of back-water produced by such obstructions, filling up ditches and overflowing the bottom land, where the cause of
2. This assignment of error is unlike that made in Ferguson v. McCowan, 124 Ga. 669. Tliere the error alleged was, “that the court refused to allow the plaintiff ‘to show [by the maker of a written instrument purporting to convey certain personalty] that the property sued for was the property of’ the plaintiff.” This was held not to be a good assignment of error, “as it is not stated how or by what character of evidence such fact was attempted to be shown by the witness.” In the present case defendant offered to prove by plaintiff a given fact, which was presumably within his personal knowledge, quite a different thing from proving title to property. Judgment reversed.
