Barker v. Publishers' Paper Co.
Supreme Court of New Hampshire
Trespass, q. c. /., being the same case reported ante, 160. After the former opinion was filed, the case was heard upon the assessment of damages. It appeared that the locus, consisting of about one acre, was a part of a farm owned by the plaintiff, that he expected to devote the whole to the uses of a summer school or camp for girls, and that the defendant’s defacement of the scenery and occupation of the premises as a saw-mill site interfered with his summer business.
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Trespass, q. c. /., being the same case reported ante, 160. After the former opinion was filed, the case was heard upon the assessment of damages. It appeared that the locus, consisting of about one acre, was a part of a farm owned by the plaintiff, that he expected to devote the whole to the uses of a summer school or camp for girls, and that the defendant’s defacement of the scenery and occupation of the premises as a saw-mill site interfered with his summer business. The defendant occupied the locus for several years, but this suit was brought a few months after its entry. Among other…
1Opinion of the Court
Peaslee, J..The defendant’s exception to the assessment upon the ground that there was no evidence to warrant a finding of more than nominal damages comes too late. No objection on this ground appears to have been made until after the case was submitted and the findings made. Failure to make this objection before the case was submitted constituted a waiver of the right to make it. Moynihan v. Brennan, 77 N. H. 273, 274, and cases cited.
The plaintiff claimed to recover for "damages to the freehold”; that is, for permanent injury to the estate because of what the defendant did before the date…
2Cases cited2 opinions
- Horton v. CooleyMassachusetts Supreme Judicial Court · 1883
- Green Bay & Mississippi Canal Compact v. Kaukauna Water Power Co.Wisconsin Supreme Court · 1901
3Cited by23 opinions
- Dickman v. CommissionerSupreme Court of the United States · 1984
- City of Pleasant Hill v. First Baptist ChurchCalifornia Court of Appeal · 1969
- Bennett v. LaroseSupreme Court of New Hampshire · 1926
- Samson Construction Co. v. BrusowankinCourt of Appeals of Maryland · 1969
- Moulton v. Groveton Papers Co.Supreme Court of New Hampshire · 1974
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