Munson v. Hungerford
New York Supreme Court
This was an action on the case, tried at the Jefferson circuit in December, 1848, before Justice Allen, when the jury found a verdict for the plaintiffs for $250. The defendants having filed a bill of exceptions, moved for a new trial. All the facts necessary to an understanding of the decision are stated in the opinion of the court.
1Opinion of the Court
By the Court, Gridley, J.
This case comes before the court "upon exceptions taken to the ruling of the justice on the trial of the cause. The plaintiffs’ claim, as stated in their declaration and proved on the trial, was founded on injuries done to their mill and factory dam, which were situated on the Black river at Brownville in the county of Jefferson. These injuries were effected by means of large quantities of saw-logs thrown into the stream between the years 1842 and 1846, to be floated down, which were driven with great violence, by the floods, and dashed against the dam, in such a…
2Cases cited3 opinions
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