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DAY v. WOODWORTH ET AL.

54 U.S. 363 (____)

13 How. 363

HORACE H. DAY, PLAINTIFF IN ERROR, v. W. JAMES WOODWORTH, MILLER TURNER, WILLIAM W. PYNCHORN, ROBERT L. FULLER, ANDREW SISSON, HARVEY CLEMENCE, THOMAS BOLTON, MERRET BRISTOL, JOSEPH BOWEN, ANDREW ELMANDORF, SETH G. POPE, EDWARD GORHAM, EPHRAIM C. BRETT, ARNOLD TURNER, MARCUS TOBY, GEORGE J. KIPP, JOHN B. BUMP, ____ ATTHOUSE, ERASTUS BROWN, ERASTUS F. RUSSELL, JOHN C. RUSSELL, ASA C. RUSSELL, EDWARD P. WOODWORTH, LORING G. ROBBINS, LORENZO H. RICE, AND MARK ROSSITER.

Supreme Court of United States.

Attorney(s) appearing for the Case

Upon this exception the case came up to this court, and was argued by Mr. Gillet, for the plaintiff in error, no counsel appearing for the defendants.

Mr. Justice GRIER delivered the opinion of the court.

The plaintiff in error was plaintiff below in an action of trespass, charging the defendants with tearing down and destroying his mill-dam. The defendants pleaded in justification that the Berkshire Woollen Company owned mills above the dam of plaintiff, who illegally erected and maintained the same, so as to injure the mills above; that by direction of said company, and...

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