Legal Opinion

Trimble v. Gilbert

Indiana Supreme Court

Decided May 29, 1833PublishedCited by 1 opinion

ERROR to the Delaware Circuit Court. Trimble was the plaintiff below and obtained a verdict and judgment, but being dissatisfied with the amount, sued out this writ of error.

1Opinion of the CourtM’Kinney, J.

Trespass on the case. This action is brought to recover damages for the alleged loss of a mill-seat, a spring, and materials for building a mill, caused by the flowing back of water by the erection of a dam, below the plaintiff’s land, by the defendant. Plea, not guilty. Verdict and judgment for the plaintiff.

A bill of exceptions presents for our consideration, the correctness of the opinion of the Circuit Court, rejecting certain testimony offered by the plaintiff. It appears that .the plaintiff, after he had given evidence of the erection and continuance of the dam, just below his land, by…

Also in this document: Per curiam.

2Cited by1 opinion

  1. State ex rel. Habersham v. Savannah & Ogechek Canal Co.Supreme Court of Georgia · 1859

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