Gararden

Plaintiffs’ action against defendants is based upon allegations of negligence and nuisance, in diverting waters from their natural channel, onto plaintiffs’ lands, and is for injunction and damages. The court found that damage was caused to plaintiffs’ property by waters diverted by the construction of a private road, named Margaret Road, which is on defendants ’ property, and that waters also flooded plaintiffs’ laud from Paul Avenue, a public street. The court found the existence of a nuisance, and also negligence on the part of defendants, and awarded judgment in favor of plaintiffs and against defendants in the sum of $6,500, and enjoined the maintaining of obstructions by defendants to the natural flow of water.

On motion for new trial made by defendants, the court granted a limited new trial. The court granted the motion on the issue of damage alone, on the ground of insufficiency of the evidence, and denied it as to all other issues.

Defendants appealed from the judgment and from the order granting a limited new trial, but, later, they abandoned the appeal from the judgment, stating in their brief that it is their understanding of the law that they cannot prosecute both…