Massachusetts Supreme Judicial Court November 15, 1829 (Salem Mill-Dam Corp. v. Ropes)

Parker C. J.

drew up the opinion of the Court.* There are grounds upon which we are satisfied that' this action cannot be maintained, which were virtually decided in the former case between these parties ; not indeed virtually only, for it is most manifest that the present action cannot be sustained on the facts proved, without a direct contradiction of the principles laid down in the former case.