Howes v. Grush

This case was submitted to us upon briefs, and the nature of some of the questions presented by the defendant’s counsel leads us to doubt whether he has not failed to raise the questions he desired.

The action is against the defendant for tearing away the plaintiffs’ dam, erected by them for the purpose of flowing their cranberry meadow. The plaintiffs contended that one end of *209their dam, upon one side of the stream, was upon their own land, and that the other end of the dam was upon land of one Whelden by whose consent the plaintiffs had erected it. The defendant contended that the land upon…