
    Eleanora Schaffer vs. City of St. Paul.
    July 19, 1889.
    Hew Trial — Excessive Damages. — An order granting a new trial, andset- , ting aside a verdict for excessive damages, held justified by the record, and within the sound discretion of the trial court.
    Appeal by plaintiff from an order of the district court for Ramsey county, Kelly, J., presiding, setting aside a verdict of $1,000 in her favor, and granting a new trial.
    
      Willrich & Lambert and Joseph Kling, for appellant.
    
      W. P. Murray and A. S. Hall, for respondent.
   Vanderburgh, J.

This action is brought by plaintiff to recover damages against the city of St. Paul for diverting the course of a stream of water which ran through plaintiff’s lot, and the; only question litigated and considered in the case was that of damages. Upon this there was a wide diversity in the testimony, and the court was of the opinion that the verdict for the amount rendered was not justified by the evidence, and granted a new trial. In this we find no^ abuse of discretion, and in conformity with the settled rule of this court applicable in such cases the order is affirmed.  