HURLBUT against LEONARD

No. 3. HURLBUT against LEONARD Rutland, 1818. IN áé action, on the ease, for erecting a darn across a streak of water, in Orwell, by which the plaintiff’s lands, described' in his declaration, were flowed. On the trial, upon the issue of not guilty, the Judge charged the Jury, that, if they should-be convinced, from the evidence, that the dam, across said stream, by means of which,- the plaintiff’s land had been overflowed, had been erected and conntkiedfor more than 15 years, to the height it was, at the time of the commencement of the plain? tiff’s action,.the Jury ought to find a verdict for defendant. And also, that the Jury, in said cause,.having returned into Court,not. agreed upon a verdict, some of the Jurors requested of the Court to be informed, whether, by law, the fifteen years should be considered to begin to run, from the erection of the dam, to its uniform height, or from the time when the plaintiff received, or suffered, actual damages to- his lands-. Whereupon the.Court instructed the Jury, that, the fifteen years would begin to run, from the time of the erection and completion of the dam. Verdict for defendant, and motion fcir new trial, founded on exceptions to the charge of the Judge. [MAJORITY] The Court decided, that the fifteen years ought to be computed, commencing at the time when the plaintiff’s lands were first flowed, or received actual injury. New trial granted — Judge Doolittle dissenting. ‘ See New Trial 7,