Merwin v. Wheeler
Supreme Court of Connecticut
Trespass quare clausum fregil; brought to the Superior Court in Fairfield County and tried to the jury on the general issue, with notice, before Granger, J. The locus in quo was a sand beach adjoining the waters of Long.Island Sound, and the trespass charged was the taking of sand therefrom.
Read the full summary
Trespass quare clausum fregil; brought to the Superior Court in Fairfield County and tried to the jury on the general issue, with notice, before Granger, J. The locus in quo was a sand beach adjoining the waters of Long.Island Sound, and the trespass charged was the taking of sand therefrom. The notice given was of proof that the beach was a public one and that the public had from time immemorial taken sand from it, and that the defendant had the right in common with the public. Upon the trial the plaintiffs, in support of the allegations in their declaration, claimed and offered evidence to…
1Opinion of the CourtSeymour, C. J.
The land in dispute is a sand beach, about one hundred and eighty rods in length, four rods wide, and of an average height of four and half feet above high water. It is connected with the upland on the east by what is called “ Beach Lane,” and is bounded southerly by Long Island Sound proper, and on the west and north by a cove of salt water flats, over which the tide rises and falls, but which seems to be private property.
The defendant is sued for entering upon this sand beach and carting away large quantities of sand, and that ho did the acts for which he is sued is admitted. The jury under…
2Cases cited2 opinions
- Post v. PearsallCourt for the Trial of Impeachments and Correction of Errors · 1839
- Pearsall v. PostNew York Supreme Court · 1838
3Cited by17 opinions
- Hillman v. Town of GreenwichSupreme Court of Connecticut · 1991
- Dawson v. Town of OrangeSupreme Court of Connecticut · 1905
- Borden v. Town of WestportSupreme Court of Connecticut · 1930
- Leydon v. Town of GreenwichSupreme Court of Connecticut · 2001
- Lawton v. HerrickSupreme Court of Connecticut · 1910
12 more not listed; retrieve them via the Exa API.