Atkinson v. Smith

9 N.B. 309 (New Brunswick, 1859)

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Nature of the Case

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Facts

Ds 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.