Case v. Weber

Case for obstructing a water course by a fisb-dam, to tbe injury of tbe plaintiffs’ mill. Plea — not guilty. Trial by jury, and verdict and judgment for plaintiffs. The record does not purport to contain all the evidence. It states that “the following evidence was given.” It does not say that other evidence was not also given, and uses no expression tending to exclude the conclusion that other was given. Doe v. Hall, at this term (1). Upon the trial the defendants, asked the Court to give this instruction to the jury:

“ That if the fish-dam, the construction of which is complained of, is built…