Miller v. Inhabitants of Greenwich

The opinion of the court was delivered by

Collins, J.

A verdict was directed at the Circuit in favor of the defendants in an action of tort brought to recover damages for injury to real property, and upon the consequent judgment this writ of error was brought. The complaint in the declaration was of the cutting down of a public street in front of the plaintiff’s house and the destruction of a sewer or drain laid across it for the use of the plaintiff. In form the allegation was trespass quare clausum, fregit. To the plea of not guilty two special pleas were added — one that the defendant Rambo,…