ATKINSON V. SMITH
9 N.B. 309 (New Brunswick, 1859)
NATURE OF THE CASE: This was an action in trespass.
FACTS: D were charged with trespass and cutting down a milldam. Their defense was that
the dam blocked a public waterway and that in order to let their logs pass they had to cut
down part of the dam. The cross-examination of one of P's witnesses regarding justification
was not permitted until D had opened their case. The jury found justification proved but
awarded P 25 pounds for excessive damage to the dam. A new trial was granted for the
improper rejection of evidence.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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