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21. WATERS, RIGHT OF LANDOWNERS TO PROTECT THEIR PROPERTY FROM.-Surface water caused by the falling of rain or the melting of snow, and that escaping from running streams, is regarded as a common enemy, against which anyone may defend himself, though in so doing be inflicts injury upon another. (Cass v. Dicks, 859.)

22. WATERS, EMBANKMENTS TO PREVENT DRAINAGE OB FLOW OF.-A landowner may lawfully construct upon his land em. bankments to prevent the flow thereon or thereto of surface waters, though in so doing he deprives another landowner of the right to drain seepage and other surface water accumulating on the lands of the latter, and thereby inflicts upon him serious injury. (Cass v. Dicks, 859.)

Bee Injunctions, 4

WITNESSES. 1. WITNESSES-CREDIBILITY.-A party to an action may change his evidence upon a second trial if he has a legitimate oppor tunity to do so, although the jury may properly consider such change as affecting his credibility. (Pelton v. Schmidt, 462.)

2. WITNESSES-COMPETENCY.-In an action to recover for personal injury, a fellow-servant is competent to testify as to the custom or usage of the manufactory in which he is employed, so far as such matters rest on his own knowledge. (Prescott v. Ball Engine Co., 683.)

3. HUSBAND AND WIFE-WITNESSES AGAINST EACE OTHER.-In an action for slander uttered by a husband against his wife, she is incompetent as a witness against him (Baxter v. State, 720.)

4. HUSBAND AND WIFE-WITNESSES AGAINST EACH OTHER.-A statute providing that husband and wife cannot testify against each other, except in a criminal prosecution for an offense committed by one against the other, must be construed to mean an act of personal violence committed by one against the other. (Baxter V. State, 720.)

5. WITNESSES_WHEN INCOMPETENT.-A witness Is Incompetent to testify as to whether a person in one end of a railroad car was in "a senseless condition" or "stupidly drunk,” where he saw such person in conversation with others, but could not hear anything that was said, had no conversation with him, and oocupled a seat at the other end, and on the opposite side of the car. (Johnson v. Louisville etc. R. R. Co., 39.)

6. WITNESS - PRACTICE.- OBJECTION TO THE COMPETENCY of a witness must be made, if it is known, before his examination in chief, or, at least, cannot be made after his cross-examination. (Pillow v. Southwestern Imp. Co., 804.)

7. WITNESSES CANNOT BE IMPEACHED or contradicted, ex. cept as to such matters as they have testified. (Anderson v. State, 722.)

8. WITNESSES-IMPEACHMENT FOR WANT OF OHASTITY. Evidence of general bad reputation for chastity is admissible to impeach a witness, whether male or female. (State v. Sibley, 477.)

9. WITNESS--REPUTATION FOR TRUTH AND VERACITY, PLACE OF.-If a witness' reputation for truth and veracity is attacked, it is error to exclude testimony in rebuttal respecting the reputation which such witness had in a certain city for truth and veracity, though such city is five or six miles distant from the place of residence. (State v. Cushing, 883.)

10. WITNESSES-EXPERT TESTIMONY.-The effect of alco holic. drunkenness upon a person is not a subject for expert testd. mony. (Johnson V. Louisville etc. R. R. Co., 39.)

See Accessories, etc.


Bee Definitions.

See Statutes, 27.

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