Hepburn v. M'Dowell

The opinion of the court tvas delivered by

Rogers, J.

In awarding a new-trial; the court think proper to lay down some principles which may be useful in another trial of the cause! It appeared.in evidence, that Frederick Ritter, under whom the plaintiff claims, was in possession of the Jew's Mill, from 1811 till 1815.. The spring he came there was no dam, but in the summer of that year, Drake; under whom the defendants c-la.im, drove, and put in some stakes and bushes; and made a dam, as the witness says, like a fish-dam. It was swept away in a short time by a fresh. Drake then asked Ritter if…