New York Supreme Court December 15, 1843 (Waggoner v. Jermaine)

Bockee, Senator.

A new trial ought to have been granted in this cause, on the ground of misdirection by the judge at the circuit. It is assumed by "the judge, and the fact sufficiently appears by the testimony, that the canal commissioners, by their agents, did authorize the defendants in the court below to raise their dam to the level of the top water line originally intended by the plan for