Curtis v. Jackson
Massachusetts Supreme Judicial Court
This was an action of the case, brought by the plaintiffs, as owners of a mill in Newton, against the defendant, for obstructing and diverting the water in its course to said mill.
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This was an action of the case, brought by the plaintiffs, as owners of a mill in Newton, against the defendant, for obstructing and diverting the water in its course to said mill. The defendant pleaded the general issue, which was tried at the sittings here after the last October term, before Jackson, J. On the trial, it appeared, that the water of Charles river, between Newton and Needham, at the place where the plaintiffs’ mill is situ ated, is divided by a small island or rock, and that part of the water passes on the Needham side to a certain mill of the defendant ; and the other part…
1Opinion of the CourtWilde, J.
The ground laid before us, to support the mo tion for a new trial, supposes sundry mistakes in both * judge and jury ; in relation to which I will now briefly state the opinion of the Court.
1. The first exception to the opinion of the judge, that parol evidence was allowed to go to the jury, to prove the sale of an interest in real estate, is founded on a mistake of the plaintiffs’ counsel. The evidence was rejected, as appears by the report; but, as the counsel on both sides adverted to and commented upon this evidence in their arguments to the jury, the judge, with good reason, supposed the…
2Cited by3 opinions
- Mt. Adams & E. P. Inclined Ry. Co. v. LoweryCourt of Appeals for the Sixth Circuit · 1896
- Parker v. GriswoldSupreme Court of Connecticut · 1845
- Lessee of Muhlenburg's Heirs v. FlorenceOhio Supreme Court · 1831