Cottrill v. Myrick

This was an action of trespass, for breaking and entering the ■.plaintifls’ close, treading down the grass, and breaking and destroying a dam on the premises, belonging to the plaintifls. The general issue was pleaded and joined ; and the defendant also filed a brief statement, setting forth a right to do the acts complained of, as one of a committee of the town of New-castle, authorised by sundry statutes, referred to in said brief statement, to open a passage for alewives and other fish, through New river stream, a branch of the Damariscotta river, into Damariscotta pond, &c. The facts were…