Newkirk v. Sabler
New York Supreme Court
This was an action for an assault and battery, tried before Justice Wright, at the Ulster circuit in June, 1849. It appeared that the plaintiff had sent his servant, with a team and wagon, across the farm of the defendant, upon which he entered by taking down the bars, to the house of one Roosa, after the defendant had forbidden the plaintiff’s crossing his lands.
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This was an action for an assault and battery, tried before Justice Wright, at the Ulster circuit in June, 1849. It appeared that the plaintiff had sent his servant, with a team and wagon, across the farm of the defendant, upon which he entered by taking down the bars, to the house of one Roosa, after the defendant had forbidden the plaintiff’s crossing his lands. On the return of the team to the place where it had entered, the bars were found fastened, by boards nailed over them. The servant, after an ineffectual attempt to get through, left the team and wagon on the defendant’s land, and…
1Opinion of the Court
By the Court, Parker, J.
I think the learned justice erred in holding that the plaintiff had a right to enter upon the lands of the defendant for the purpose of regaining possession of his property.
The right to land is exclusive; and every entry thereon, without the owner’s leave, or the license or authority of law, is a trespass. (3. Bl. Com. 209. 18 John. 385.) There is a variety of cases where an authority to enter is given by law; as to execute legal process ; to distrain for rent; to a landlord or reversioner, to see that his tenant does no waste, and keeps the premises in repair…
2Cases cited2 opinions
- Heermance v. VernoyNew York Supreme Court · 1810
- Blake v. JeromeNew York Supreme Court · 1817
3Cited by6 opinions
- Rough v. WomerMichigan Supreme Court · 1889
- Waldo v. WaldoMichigan Supreme Court · 1883
- Agnew v. JonesMississippi Supreme Court · 1896
- Campbell v. RaceMassachusetts Supreme Judicial Court · 1851
- Ryerson v. CarterSupreme Court of New Jersey · 1919
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