Holmes v. Drew

Massachusetts Supreme Judicial Court

Holmes v. Drew

24 Mass. 141

CourtMassachusetts Supreme Judicial Court

DecidedOctober 23, 1828

StatusPublished

This text of 24 Mass. 141 (Holmes v. Drew) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Holmes v. Drew, 24 Mass. 141 (Mass. 1828).

Pincite

Opinion

Per Curiam.

The plea is insufficient, because it does not cover the whole complaint. It says the respondent is not liable for damages happening before a certain day ; but if she is liable for the subsequent damages, the complainant has a right to a jury.

We think proper to remark, that we are clearly of opinion that the respondent is not answerable for damage done before she became the owner of the mill-dam.¹

Plea adjudged bad and the case remitted, tyc.

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Per Curiam.

The plea is insufficient, because it does not cover the whole complaint. It says the respondent is not liable for damages happening before a certain day ; but if she is liable for the subsequent damages, the complainant has a right to a jury.

We think proper to remark, that we are clearly of opinion that the respondent is not answerable for damage done before she became the owner of the mill-dam.¹

Plea adjudged bad and the case remitted, tyc.

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Bluebook (online)

24 Mass. 141, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holmes-v-drew-mass-1828.