Author Description

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1828 Excerpt:...writ in said action, mentioned in said notice, in favor of the plaintiff, and against the said White River Bridge Company, was dated January 27th, 1819, and was served January 29th, 1819; and that the judgment therein, was rendered at the February term of the Supreme Court, A. D. 1822. And the counsel for the plaintiff, then and there requested said Court to give in charge to said jury, that said recovery was no bar to the plaintiff's action, in this behalf, and at all events, was no bar to the plaintiff's recovery, for the continuing the said toll-house and gate, after the commencement of the said action, in which said judgment was rendered. But said Court did not so charge said jury, but did give them in charge, that the said recovery was a bar to the plaintiff's recovering in this action, for any injury prior to the date of said writ of 27th of January, 1819. There was testimony given to the jury, on said trial, tending to show, that the defendants were all of them proprietors in the stock of the White River Bridge Company, under which they attempted to justify said trespass, at said time, when said trespasses were committed; nor was there any denial of their being such proprietors at that time, nor any evidence, tending to show, that they, or either of them, had since ceased to be proprietors in said stock, as aforesaid, or continued to be proprietors. And it appeared in evidence, that the charter of the ancient White River Bridge Company, mentioned in said special notice, was vacated by a decree of the Supreme Court of this state, in the year 1812. And from that time, said Company ceased to have a gate at said bridge, till Sept. 1818, and that the charter of said Turnpike Company, mentioned in said notice, was vacated by said Supreme Court, in February...