Legal Opinion

Rogers v. Bradshaw

Court for the Trial of Impeachments and Correction of Errors

Decided February 15, 1823PublishedCited by 56 opinions

situate and standing on the ' ° 5 w mao IN ERROR to the Supreme Court. {Vide, S. C. ante, p. 103. 106.) Bradshaw, who was plaintiff in the Justice’s Court, declared, for a trespass committed by Rogers and Magee, on his land, by entering thereon, and cutting and despoiling timber, growing and standing on the land, from the north part of the land southward to a certain distinguished white pine tree. side of the Waterford and Whitehall turnpike road, to damage fifty dollars.

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situate and standing on the ' ° 5 w mao IN ERROR to the Supreme Court. {Vide, S. C. ante, p. 103. 106.) Bradshaw, who was plaintiff in the Justice’s Court, declared, for a trespass committed by Rogers and Magee, on his land, by entering thereon, and cutting and despoiling timber, growing and standing on the land, from the north part of the land southward to a certain distinguished white pine tree. side of the Waterford and Whitehall turnpike road, to damage fifty dollars. The defendants, in the Court below, admitted that they entered, 8zc„ on the plaintiff’s land, but denied the amount of…

1Opinion of the Court

The Chancellor.

This case came before the Supreme Court upon certiorari, founded on a Justice’s judgment.

It appeared by the return of the Justice, that Bradshaw sued Rogers and Magee, in trespass, for entering, in June, 1821, upon his land, and cutting down timber. They justifed under the several acts relative to the canals. It was shown in proof, that the route of the northern canal, at the place in question, was directed by the chief engineer j that the turnpike road adjoining the place where the trespass was alleged to have been committed, was unavoidably encroached on by the tract or…

2Cited by56 opinions

  1. Dohany v. RogersSupreme Court of the United States · 1930
  2. Sweet v. RechelSupreme Court of the United States · 1895
  3. People v. . Adirondack Railway Co.New York Court of Appeals · 1899
  4. People Ex Rel. Westchester Fire Insurance v. DavenportNew York Court of Appeals · 1883
  5. United States v. California & Oregon Land Co.Supreme Court of the United States · 1893

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