Day v. Woodworth
Supreme Court of the United States
This case, was brought up, by writ of error, from the Circuit Court of the United States for the District of Massachusetts.
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This case, was brought up, by writ of error, from the Circuit Court of the United States for the District of Massachusetts. It was an action of trespass quare clausum fregit brought by Day, a citizen of New York, against the defendants in error, citizens of Massachusetts, for pulling down, a mill-dam within the town of Great Barrington, in the county of Berkshire, Massachusetts! The defendants put in a plea of; not guilty, and also a special plea of justification, viz.: And the defendants, further say, that at the time when the said trespasses are alleged to have been committed, and for a…
1Opinion of the CourtJustice Grier
The plaintiff in error was plaintiff below in an action of trespass, charging the defendants with tearing down and destroying his mill-dam. The defendants pleaded in justifichtion that the Berkshire Woollen Company owned mills above the dam of plaintiff, who illegally erected and maintained the same, so as to injure the mills aboVe; that by direction of said company, and as their agents and servants, they did- enter plaintiff’s close, and did break down and demolish so much of the plaintiff’s dam as was necessary to remove the nuisance and injury to the mills above, and no more, and. as they…
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