Johnson v. Gorham
Supreme Court of Connecticut
Tbespass qu. cl. fregit; appealed from the judgment of a justice of the peace to the Superior Court, and tried on the general issue closed to the jury, before Sanford, J., with notice of title in the defendant by adverse possession. The jury returned a verdict for the plaintiff, and the defendant moved for a new trial for error in the rulings and charge of the court.
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Tbespass qu. cl. fregit; appealed from the judgment of a justice of the peace to the Superior Court, and tried on the general issue closed to the jury, before Sanford, J., with notice of title in the defendant by adverse possession. The jury returned a verdict for the plaintiff, and the defendant moved for a new trial for error in the rulings and charge of the court. The declaration alleged that the defendant “ with force and arms broke and entered into and’upon the described land, and trod down and destroyed the herbage then and there growing, and cut down the trees, and dug up the ground,…
1Opinion of the CourtSeymour, J.
This is an action of trespass quare ciausum, in which the plaintiff avers that the defendant with force and arms broke and entered into and upon the plaintiff’s land, and trod down and destroyed the herbage then and there growing, and cut down the trees, and dug up the ground, to the plaintiff’s damage.
Under this declaration the jffaintiff was permitted, against the defendant’s objection, to prove that the defendant not only cut down the trees, but removed the wood, and the jury were instructed that in estimating damages they might take into consideration the cutting and removal of the wood,…
2Cases cited2 opinions
- Huntington v. WhaleySupreme Court of Connecticut · 1860
- Bryan v. AtwaterSupreme Court of Connecticut · 1811
3Cited by12 opinions
- City of Waterbury v. Town of WashingtonSupreme Court of Connecticut · 2002
- Rennert v. ShirkIndiana Supreme Court · 1904
- Alabama Great Southern R. R. v. ArnoldSupreme Court of Alabama · 1887
- Stevens v. SmokerSupreme Court of Connecticut · 1911
- Allen v. AllenWisconsin Supreme Court · 1883
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