Albright v. Cortright

The opinion of the court was delivered by

Adams, J.

The declaration is in tort, and seeks damages from the defendant for breaking and entering the close of the plaintiff, being a tract of land covered with water in Still-water township, in Sussex county, known as Swartswood pond, and for fishing and catching fish therein, in disregard of a notice by the plaintiff not to trespass on his land, and especially not to fish in said pond.

The gist of the defence is found ifi the following extract from the fifth plea, upon which issue has been joined : “That the said Swartswood pond has been stocked…