Brown v. Mendonca

OPINION OF THE COURT BY

H. P. WEBER, ESQ.

This was an action on the case for several acts of trespass alleged to have been committed by defendant in entering upon the lands of plaintiffs, depasturing horses and cattle thereon, cutting firewood and timber thereon and carrying away the same, and appropriating water from an artesian well on the premises.

Upon trial before the circuit judge, jury waived, judgment was rendered in favor of plaintiffs for the trespasses committed *250in pasturing cattle and cutting firewood; and for the defendant as to the taking of water — defendant’s right in this…