The plaintiff recovered a verdict of $2,429.16 for damages sustained at its mill and boom, and in driving and 'hauling its logs, by reason of mill waste alleged to have been deposited in the river by the defendant, as upper riparian proprietor.

Upon ¡motion by defendant to set aside the verdict, as against the evidence, it is held:

1. That the evidence justified the jury in finding the defendant liable for 'the .damages sustained.

2. That those damages are not excessive. Motion overruled.