Orr v. Quimby
Supreme Court of New Hampshire
Trespass, by Samuel Orr against Elihu T. Quimby, for breaking and entering the plaintiffs close, in Goffstown, on January 1, 1869, and on other days between that time and the date of the plaintiff’s writ, which was July 7, 1873, and cutting down, carrying away, and converting to his own use 710 trees and 195 cords of wood.
Read the full summary
Trespass, by Samuel Orr against Elihu T. Quimby, for breaking and entering the plaintiffs close, in Goffstown, on January 1, 1869, and on other days between that time and the date of the plaintiff’s writ, which was July 7, 1873, and cutting down, carrying away, and converting to his own use 710 trees and 195 cords of wood. The defendant pleaded the general issue, together with a special plea setting forth that before and during all the time of said supposed entering, cutting, carrying away, and converting as aforesaid, the defendant was employed by the United States of America, under and by…
1Opinion of the CourtHibbard, J.
The defence in this case is based on the following provisions of chapter 132 of our General Statutes:
“ Section 1. Any person employed under an act of the congress of the United States, passed the tenth day of February, one thousand eight hundred and seven, and the supplements thereto, may enter upon lands within this state for the purpose of exploring, surveying, triangulating, levelling, or doing any other act which may be necessary to effect the objects of said acts, and may erect any works, buildings, stations, or appendages requisite for that purpose, doing no unnecessary damage thereby.
“…
2Cases cited8 opinions
- Bloodgood v. Mohawk & Hudson RailroadNew York Supreme Court · 1837
- Gilmer v. ThrockmortonCalifornia Supreme Court · 1861
- Withers v. BuckleySupreme Court of the United States · 1858
- People ex rel. Trombley v. HumphreyMichigan Supreme Court · 1871
- Burt v. Merchants' InsuranceMassachusetts Supreme Judicial Court · 1871
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Opinion of the JusticesSupreme Court of New Hampshire · 1891
- Fishel v. City & County of DenverSupreme Court of Colorado · 1940
- County of Kane v. Elmhurst National BankAppellate Court of Illinois · 1982
- Riverboat Corporation of Mississippi v. Harrison County Board of SupervisorsMississippi Supreme Court · 2016
- State v. GarceauSupreme Court of New Hampshire · 1978
5 more not listed; retrieve them via the Exa API.