Dimmett v. Eskridge
Supreme Court of Virginia
George Eskridge brought Trespass vi et armis in the Superior Court of Hampshire County, against Moses Dimmett and others, for breaking and entering his close and cutting down his mill-dam ; charging also a special injury, that his credit was. thereby ruined, and a certain Cornelius Finney, who, on the credit of said dam, and a mill to be erected and supported thereby, had agreed to lend him a large sum of money, refused to lend him the same.
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George Eskridge brought Trespass vi et armis in the Superior Court of Hampshire County, against Moses Dimmett and others, for breaking and entering his close and cutting down his mill-dam ; charging also a special injury, that his credit was. thereby ruined, and a certain Cornelius Finney, who, on the credit of said dam, and a mill to be erected and supported thereby, had agreed to lend him a large sum of money, refused to lend him the same. The defendants pleaded three pleas: — 1st, not guilty, on which issue was joined: — 2d, a special plea, setting forth that the mill-dam was built by the…
1Opinion of the Court
JUDGE ROANE
pronounced the Court’s opinion.
The Court is of opinion that the judgment of the Superior Court is erroneous, in not having given the instruction asked for in the first bill of exceptions; and also, because judgment was given for the plaintiffs on the Verdict, instead of awarding a re-pleader.
The issue joined on the third plea is immaterial in this, that it is averred that the dam in question did not entirely obstruct the road in the said replication mentioned, and also that the Citizens of the Commonwealth were not altogether prevented from using the same ; the Court being of…
2Cases cited63 opinions
- Watts v. Norfolk & W. R.West Virginia Supreme Court · 1894
- Ralston v. Town of WestonWest Virginia Supreme Court · 1899
- Spencer v. Point Pleasant & Ohio R. R.West Virginia Supreme Court · 1884
- Hargreaves v. KimberlyWest Virginia Supreme Court · 1885
- Taylor v. Baltimore & O. R.West Virginia Supreme Court · 1889
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