
    Samuel Caldwell and others vs. Wm. Dunshee.
    The Court of Common Pleas has exclusive jurisdiction in actions on the case for nuisance upon lands.
    This is a Writ of Error to the Court of Common Pleas of Richland County.
    The action below was in case, for nuisance, brought by the plaintiff below, to recover damages of the defendant for flowing water upon his land, by the erection of a dam. The plaintiff recovered a verdict for $52, for which the Court gave judgment, and far the plaintiff’s costs.
    
    The error assigned is, that the Court rendered judgment for costs.
    
    
      
      James Stewart and J. Sherman, for Plaintiffs in Error.
    
      Bartley Sf Kirkwood, for Defendant in error.
   Read, J.

The error is assigned, upon the ground that the case fell within the jurisdiction of a justice of the peace, and the recovery not being one hundred dollars, it could not carry cost. ,We have decided at this term, in the case of Harrington v. Heath, that an action for nuisance upon land did not fall within the jurisdiction of a justice of the peace. Hence, the recovery being over five dollars, the case carries costs.

We report this case, because one member of the. Court appearing to' have his name attached to the proceedings in that case by his partner, as counsel, did not sit.

We here assert, that it is the unanimous opinion of the Court, that the case of Harrington v. Heath, decided at this term, is law.

Judgment affirmed.  