Castle

Action to recover damages for diverting water from defendant’s land, and causing it to overflow *562 plaintiff’s land, by reason of maintaining a dam on defendant’s land across a slough, and also for opening a levee on defendant’s land, and thereby causing an overflow of plaintiff’s land. In addition to damages, plaintiff prays for a decree that defendant abate the alleged causes of the overflow, as nuisances, by removing her dam, and closing in her levee. Richard Smith, son of defendant, was made a defendant, but, as to him, a nonsuit was ordered at the close of plaintiff’s evidence in chief. The case was tried by a jury, and the jury returned a general verdict for the plaintiff on each of the two counts of the complaint; assessing the damages on the first count (for maintaining the dam) at $4,500, and on the second count (for opening the levee) at $3,500. After the verdict, and before the judgment, the plaintiff withdrew his prayer for the abatement of the alleged nuisances, and waived all equitable relief; and thereupon judgment was rendered on the verdict for- $8,000 and costs, taxed at $482.80. The defendant appeals from the judgment and from the order denying her motion for…