This action was brought by the appellee against the appellant, to recover damages resulting from the pollution of a stream, by the emptying .therein of the seiver-age of the city of Birmingham, which stream ran through plaintiff’s land.

There was judgment in favor of the plaintiff, assessing has damages at $168. The defendant appeals.

Judgment is affirmed on the authority of Mayor and Aldermen of Birmingham v. Land, 137 Ala. 538.