Sutherland v. Venard

The appellees sued the appellants, alleging in their complaint that they owned a mill, on Mill creek; and that the defendants had erected a dam a little below their mill, by which the back-water was caused to accumulate so that it had interrupted them in the use of their mill.

Answer, .first, a general denial; second, license. Reply in denial of the second paragraph of the answer. Trial by jury, and verdict for the plaintiffs. Motion for a new trial overruled, and judgment on the verdict.

There is only one question in the case, and that arises on the refusal of the court to grant a new trial.…