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Anonymous

4 U.S. 127 4 Dall. 127 Court SCOTUS English

Delivered by Majority

Contents

Majority

p. 127
Anonymous.[2]

Syllabus

Conditional verdict.
Case for obstructing a water-course, by which the plaintiffs meadow was watered. Plaintiff having proved his right to the course, his counsel executed and filed a writing, by which they bound him to release any damages, that the jury might give, if defendant should execute a deed, securing to plaintiff the enjoyment of the water, and the court advised the jury, on this condition, to find the full value of the meadow in damages.
This was an action on the case for obstructing a water-course, by which the plaintiff’s meadow was watered. On the trial, it appeared, that the defendant had purchased a mill, with notice that the vendor had before sold the meadow in question to the plaintiff, covenanting that the plaintiff might use the water, over and above what was necessary for the mill. The defendant obstructed the water-course ; and it seemed to have been his object, by so doing, to compel the plaintiff to sell the meadow to him.

On these facts, The Court recommended (with the concurrence of the

p. 128
counsel on both sides) that the defendant should do *an act of justice in securing to the plaintiff, by deed, the enjoyment of the water-course; but he obstinately rejected the proposition. The plaintiff’s counsel, thereupon, executed and filed a writing, by which they bound their client to release any damages that the jury might give, in case the defendant should execute such a deed as the court had proposed ; and the court advised the jury, on this condition, to find the full value of the meadow in damages ; which was, accordingly, done.[1]

Sitgreaves and Thomas, for the plaintiff. Ingersoll and Clymer, for the defendant.(b)

(a) (a) In the case of Clyde v. Clyde, 1 Yeates 92 , which was a special action of assumpsit for a privilege of a water-course through the lands of the defendant, large damages were given by the jury, under the direction of the court, to compel the defendant to do justice. See, on the subject of conditional verdicts, Decamp v. Feay, 5 S. & R. 323; Coolbaugh v. Pierce, 8 Id. 418. 2

Footnotes

  1. 2 And see 1 Tr. & H. Pr. § 53, and notes.