The power of the city of Durham to condemn a right of way over the defendants’ land, for the purpose of constructing and permanently maintaining a sewer pipe line and outfall, having been admitted, and the proceedings for the exercise of that power being in all respects regular, the only question at issue was the amount of the compensation to be awarded the defendants for the easement thus acquired by the city over and through their lands.
In due course, a jury of the county, after hearing all the evidence relating thereto, has determined the amount of compensation due the defendants to be three thousand dollars. The trial judge, who also heard *77all the evidence, has declined to set aside tbe verdict, either on the ground of the failure of the court to allow a jury view, or on the ground that the amount awarded was excessive. These were matters within the sound discretion of the court (Freeman v. Bell, 150 N. C., 146, 63 S. E., 682; Harvey v. R. R., 153 N. C., 567, 69 S. E., 627). No abuse of discretion is suggested. We may not test in the balances of judicial review the weight and sufficiency of the evidence.
The appellant’s assignments of error based on exceptions noted to the rulings of the court in the reception of evidence are without merit. Appellant also excepted to certain portions of the judge’s charge to the jury, but upon examination we find none of these can be sustained. Rogers v. Freeman, 211 N. C., 468, 190 S. E., 728.
The reference by the court in the charge to overflows from the sewer line and to odors emanating therefrom was made in stating the defendants’ contentions, and this was based in part upon the testimony of plaintiffs witness, the city engineer, that sewer lines would sometimes become stopped up between manholes, causing the manholes to overflow. No exception to this statement of defendants’ contention was noted at the time (S. v. Herndon, 211 N. C., 123, 189 S. E., 173). The reference by the court to this testimony, in this connection, may not properly be understood as allowing the jury to consider damages caused by negligent operation of the sewer lines in determining the compensation to be awarded for the easement condemned, but rather as the statement of defendants’ contention of results reasonably to be apprehended from and incident to proper construction and maintenance of the sewer lines. Viewed in this light, the charge of the court affords the plaintiff no just ground of complaint. Lambeth v. Power Co., 152 N. C., 371, 67 S. E., 921; Moser v. Burlington, 162 N. C., 141, 78 S. E., 74; R. R. v. Armfield, 167 N. C., 464 (467), 83 S. E., 809; Moses v. Morganton, 195 N. C., 92, 141 S. E., 484.
The case seems to have been properly and fairly submitted to the triers of the facts and they have fixed the amount of compensation which they found from the evidence to be justly due the defendants. We have discovered no ruling or action on the part of the trial court which we apprehend should be held for reversible error.
In the trial we find
No error.