Mill River Woolen Manufacturing Co. v. Smith
Supreme Court of Connecticut
Trespass quare clausum fregit, for entering upon a mill pond, which, with the soil under it, the plaintiff claimed to own, and taking and carrying away ice from the surface of the pond ; tried to the jury in the superior court on the general issue before Hinman, C. J. Upon the trial the plaintiffs offered in evidence sundry deeds under which they claimed title to the locus in quo, which the court pro forma instructed the jury gave them no title to the soil nor exclusive…
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Trespass quare clausum fregit, for entering upon a mill pond, which, with the soil under it, the plaintiff claimed to own, and taking and carrying away ice from the surface of the pond ; tried to the jury in the superior court on the general issue before Hinman, C. J. Upon the trial the plaintiffs offered in evidence sundry deeds under which they claimed title to the locus in quo, which the court pro forma instructed the jury gave them no title to the soil nor exclusive right to the ice. The question arising on the deeds is fully stated in the opinion. It was conceded that the plaintiffs…
1Opinion of the Court
Butler, J,
The objection that the action is misconceived, urged by the defendant, was not made in the court below, and for that reason has not been considered.
Three questions were distinctly made by the requests of the plaintiffs, and are presented by the pro forma negative charge of the court for our consideration. They are resolv*463able into two, namely, first, whether by the true construction of the deeds the plaintiffs had title to the locus in quo; and second, whether the plaintiffs had, as against the defendant, any right to the ice over the locus; and we have so considered them.
1. First,…
2Cited by19 opinions
- Wood v. FowlerSupreme Court of Kansas · 1882
- Brookville & Metamora Hydraulic Co. v. ButlerIndiana Supreme Court · 1883
- Gager v. CarlsonSupreme Court of Connecticut · 1959
- Washington Ice Co. v. ShortallIllinois Supreme Court · 1881
- Great Hill Lake, Inc. v. CaswellSupreme Court of Connecticut · 1940
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