Clark v. Dinsmore
Superior Court of New Hampshire
Tins was a writ, of error brought to reverse a judgment of the court of common pleas. The original suit was case against Dinsmore, for erecting a dam across a stream on tbc- 17th April, 1802, and causing the water to overflow the. meadow of the plaintiffs, and destroy the grass from that time down to the commencement of this action on the 31st July, 1835. The defendant pleaded in the couri below. 1st, Not guilty, • : - 2d, In bar of the further maintenance of the suit, that…
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Tins was a writ, of error brought to reverse a judgment of the court of common pleas. The original suit was case against Dinsmore, for erecting a dam across a stream on tbc- 17th April, 1802, and causing the water to overflow the. meadow of the plaintiffs, and destroy the grass from that time down to the commencement of this action on the 31st July, 1835. The defendant pleaded in the couri below. 1st, Not guilty, • : - 2d, In bar of the further maintenance of the suit, that on the 10th August, 1825, the said Dinsmore paid to the said John Clark four dollars, which the said John accepted in…
1Opinion of the Court
By the court.
The plaintiffs complain, that in the trial of this cause in the court below, the jury were misdirected in lliis, that they were told that if they should be of opinion that the sum of four dollars was paid and received as a satisfaction of John Clark’s part of the damages only, the plaintiffs could not recover. To this instruction two exceptions are taken.
1st, It is objected, that a. sum of money received by one plaintiff, in satisfaction of his share of the damages, could not be in its nature in any shape an answer to the action, and ought not to have been submitted to the jury…
2Cases cited3 opinions
- Rowley v. StoddardNew York Supreme Court · 1810
- Anderson v. The President, Directors, & Co. of the Highland TurnpikeNew York Supreme Court · 1819
- Kimball v. WilsonSuperior Court of New Hampshire · 1824