Pensacola Gas Co. v. Pebley

Citations

• 25 Fla. 381

Syllabus

<p>1. The construction and use of gas works, the percolations from the refuse of which pollute and make the water in the wells of an adjoining land owner unfit for household purposes, and unfit for the use of stock, is a nuisance, and the party injured thereby is entitled to damages.</p> <p>2. The practice, where a jury awards excessive damages .is, for the plaintiff to enter a ramittitwr for the excess. This is a voluntary act on the part of the plaintiff, and although the Judge stated at the time, that unless the plaintiff entered the 7•emiUituw he would set the verdict aside and grant a new trial, the plaintiff is estopped from saying that it was entered under compulsion.</p> <p>8. A special plea tendering an issue covered by the plea of not guilty, is improper and demurrable.</p>