The plaintiff, as he had the right, did not sue for permanent damage to his land. The defendant, as it had the right, being a municipality with the right to condemn the land, an easement for sewerage purposes, did not in its answer pray that this be done and permanent damages assessed.

The plaintiff excepted and assigned error to the third issue submitted by the court: “What permanent damages is the plaintiff entitled to recover ?”

The plaintiff tendered issue as to temporary damage and excepted and assigned error as to the issue o-f permanent damage submitted by the court. We think the exception and assignment of error well taken. This whole matter has been recently discussed in Wagner v. Conover, ante, 82.

On the record plaintiff is entitled to a

New trial.