Atkinson v. Smith
9 N.B. 309 (New Brunswick, 1859)
Issues
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Nature Of The Case
This section contains the nature of the case and procedural background.
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.
Holding & Decision
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Legal Analysis
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