Mitchell v. D'Olier

The opinion of the court was delivered by

Pitney, J.

This was an action of tort brought to recover damages for an alleged unlawful entry upon a tract of land covered with water and cutting and carrying away ice therefrom. The defendant justified under an express grant from a former owner of the locus in quo. The case was tried before Honorable James H. Nixon, Circuit Judge, without a jury. He rendered judgment in favor of the defendant, and the plaintiff having taken exception to that conclusion now asks for a reversal. The following are the essential facts found by the trial court: The locus…