Caldwell v. Gale

Manning J.:

This is an action on the case for flowing the plaintiff’s land by a mill dam.

The bill of exceptions shows that there was evidence before the jury proving, or tending to prove, that the dam was not. erected by defendant, but by a previous Owner of the land on which it is situated; and that notice Was given to defendant by Thomas Caldwell, when he owned the land now owned by plaintiff, of the overflowing Of it by the dam, and of a request to defendant to remove it.

The Circuit Judge among other things charged the jury, in substance, that if the dam was not erected by defendant, and he…