Bliss v. Hosmer
Ohio Supreme Court
This is a Writ of Error to the Supremo Court of Morgan County. The original action was trespass quarfc clausum fregit, brought to recover the value of timber cut upon the land of the plaintiff, and used in constructing a dam and lock at' McConnclsville, on section seven of the Muskingum Improvement.
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This is a Writ of Error to the Supremo Court of Morgan County. The original action was trespass quarfc clausum fregit, brought to recover the value of timber cut upon the land of the plaintiff, and used in constructing a dam and lock at' McConnclsville, on section seven of the Muskingum Improvement. The defendant plead, first, that he was in the employment and service of the Board of Public Works : which Board com- , mandad them to go into the wood-lands adjacent to said section seven, (being the dam and lock at McConnelsville,) and cut the necessary timber; that plaintiff’s land was…
1Opinion of the CourtBirchard, J.
■ Two errors are assigned:—
First: The- admission of the order of the engineer; second : The instructions given to the jury. Of these in their order.
It is objected to the order, that, before i.t issued, there should have been a previous application to the plaintiff .for leave to enter the land, and a refusal, or the demand-of an exorbitant price. In reply to this objection, it is sufficient to observe, that the law imposed no such limitation of power upon the Board *53of Public Works; and had Curtis, the engineer, been joined in this suit with these defendants,- as he well might have been, if…
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