Holmes v. Drew

Massachusetts Supreme Judicial Court
Holmes v. Drew, 24 Mass. 141 (Mass. 1828)

Holmes v. Drew

Opinion of the Court

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.

See Charles v. Monson & Brimwfield Manuf. Co, 17 Pick. 70.

Reference

Full Case Name
Barnabas Holmes versus Hannah Drew
Status
Published