Ostrom v. Potter

This case originated in justice’s court, and was brought to recover damage for digging and carrying away three loads of dirt, worth 20 cents a load. The action is trespass, and the locus in quo was shown to be in a public highway, between the center thereof and the plaintiff’s inclosure. The declaration, omitting the formal parts, is as follows :

“The plaintiff, Henry W. Ostrom, in this cause complains of the defendants herein in a plea of trespass, for that the defendants, on, to wit, the 4th day of June, 1885, with force and arms the close of said plaintiff, situate in town of Avon,…