
    Gorman vs. Trice.
    Where, in a suit for damages for causing water to overflow land, it appeared that the owner of a mill-dam paid to the owner of the land $100 for the privilege of raising the dam ten inches, but instead of doing so, he raised it twenty-three inches, damaging the land to the extent of $100, a verdict for the plaintiff was demanded by the evidence.
    February 13, 1888.
    Yerdicfc. Damages. Mill-Dams. Water-Courses. Before Judge Willis. Talbot Superior Court. March Term, 1887.
    Reported in the decision.
    M. Bethune; J. H. Worrill, for plaintiff in error.
    J. J. Bull ; C. J. Thornton, for defendant.
   Blandford Justice.

Trice brought his action against Gorman for the overflowing of his land by the erection of a mill dam, and obtained a verdict. Gorman moved for a new trial, which the court refused; whereupon he excepted.

The facts of the case show that Gorman had paid Trice $100 for the privilege of raising his mill-dam ten inches. Instead of raising it ten inches', he raised it twenty-three inches; by reason ot' which the plaintiff’s land was damaged ; and he was awarded by the verdict $100 for the damages thereby sustained. We think the verdict was demanded by the evidence; and the judgment is affirmed.  