Opinion
May, 1930.
Appeal from Court of Claims.
Present — Sears, P.J., Crouch, Edgcomb, Thompson and Crosby, JJ. Judgment affirmed, with costs.
The amount of land affected by loss of fertilization was a question of fact. The court allowed damages to fifteen acres. Appellant on the argument insisted that it amounted to twenty-seven and sixty-two one-hundredths acres. As we read the testimony of plaintiff's witness Crocker, we think that the trial court was justified in finding that no more than half of the twenty-seven and sixty-two one-hundredths acres was affected. During the giving of the testimony of the witness Crocker, there was an apparent assent of counsel and the court, as indicated by the latter's statement "that one-half of this twenty-seven and sixty-two one-hundredths acres was the damage that had been done to the claimant's farm by reason of this damage in the flow of water." All concur.