Heilbron

The evidence given on the trial tended to show that officers and agents of the defendant were engaged in constructing a dam for the defendant, and in such construction committed some of the acts complained of. That being the case, the court erred in granting a nonsuit. The court sustained an objection to the following question propounded to one of the officers:

The ruling was error.

Judgment reversed and cause remanded for a new trial.

We concur: Morrison, C. J.; Thornton, J.