Majority
p. 461EATON J. RICHARDSON, as Executor, &c., of LUTHER HALL, deceased, Respondent, v. THE NEW YORK CENTRAL & HUDSON RIVER RAILROAD COMPANY, Appellant.
Judgment and order affirmed,
Hardin, J., not sitting.
Held, (1) No question was taken below as to the form of the verdict. (2) The verdict was right on the merits, as the injury resulting from ■obstructing the flow from the spring was a continuing injury, which the former recovery did not bar.