Hawkins's executors v. Glass

OPINION of the Court, by

Judge Bibb.

— -Glass declared against the executors of John Hawkins incase» *247for that the said Háwkins, in his lifetime, had agreed to build a new bridge by the side of an old bridge, being a common highway ; and that, before the new bridge was finished or received, the said Hawkins unlawfully loosened and removed the planks and bannisters of the old bridge, being a highway, &c. arid thus erected a nuisance, whereby the plaintiff’s hor3e, escaping from a mill, and attempting to pass over the said old bridge, fell therefrom and was killed, &c. to the plaintiff’s damage,…