Robert Cooper Grier

“ By the common as well as by statute law, men are often punished for aggravated misconduct or lawless acts, by means of a civil action, and the damages, inflicted by way of penalty or punishment, given to the party injured. In many civil actions, such as libel, slander, seduction, &c., the wrong done to the plaintiff is incapable of being measured by a money standard ”

“ The court instructed the jury 'that if they should find for the plaintiff on the first ground, viz., that the defendants had taken down more of the dam than was necessary to relieve the mills above, unless such excess was wanton and malicious, then the jury would allow in damages the cost of replacing such excess, and compensation for any delay or damage occasioned by such excess, but not any thing for counsel-fees or extra compensation to engineers.' This instruction of the court is excepted to, on two grounds. ”

“ We are aware that the propriety of this doctrine has been questioned by some writers; but if repeated judicial decisions for more than a century are to be received as the best exposition of what the law is, the question will not admit of argument. ”

“ Gillet, for the plaintiff in error, no counsel appearing for the defendants.
First. The affirmative was with the plaintiff, and he had the right to introduce evidence first, and the right to open and close the argument. Burrill's Practice, 233.
Where the general issue is pleaded, the plaintiff has always the right to begin. ”