Sumner v. Cummings
Supreme Court of Vermont
This was an action upon the statute of October 29, 1840, which provided a mode of assessing the damages, which should be sustained by the owners of land upon Connecticut River by reason of lumber, put into the river, being carried by the water and lodged upon the land, and not removed by the owners previous to the first day of May in each year, and which provided, that all such lumber, not removed by the first day of November in each year, should become the property of the…
Read the full summary
This was an action upon the statute of October 29, 1840, which provided a mode of assessing the damages, which should be sustained by the owners of land upon Connecticut River by reason of lumber, put into the river, being carried by the water and lodged upon the land, and not removed by the owners previous to the first day of May in each year, and which provided, that all such lumber, not removed by the first day of November in each year, should become the property of the land owner, and also provided, that if any person should stop any lumber, and confine it in any place in this state, so…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
It seems to be admitted, in the present case, that the action, as a penal action, perished with the repeal of the statute. The plaintiff now seeks to uphold the declaration, as one in simple trespass. This we should be inclined to do, if it could be done without resorting to a degree of refinement, which would savor of puerility. We have looked into the cases cited by counsel upon this point, with a sincere desire to find some justification for upholding the action.
Prescott v. Tufts, 4 Mass. 146, was trespass in two counts, one in common…
2Cases cited1 opinion
- Prescott v. TuftsMassachusetts Supreme Judicial Court · 1808
3Cited by4 opinions
- City of Montpelier v. Barnett, Sanborn and Natural Resources BoardSupreme Court of Vermont · 2012
- Pierce v. SpaffordSupreme Court of Vermont · 1881
- Cushman v. HaleSupreme Court of Vermont · 1895
- Hade v. McVayOhio Supreme Court · 1877