Relyea v. Beaver
New York Supreme Court
THIS is an action brought by the plaintiff against the defendant, claiming to recover treble damages, under the statute, against the defendant, for entering upon the plaintiff's land and cutting down and carrying off trees, timber, &c., contrary to the provisions of the statute, &c., entitled Of trespass on lands, &c.
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THIS is an action brought by the plaintiff against the defendant, claiming to recover treble damages, under the statute, against the defendant, for entering upon the plaintiff's land and cutting down and carrying off trees, timber, &c., contrary to the provisions of the statute, &c., entitled Of trespass on lands, &c. It appears from the case, that the plaintiff and defendant owned adjoining farms; at the place where the trees were cut the plaintiff's lands were woods, the defendant’s were cleared and fenced up to the line. In the line of the fence were trees or stumps of trees, including one…
1Opinion of the Court
By the Court, Hogeboom, J.
The evidence of trespasses committed anterior to the day named in the complaint was, I think, properly admitted. The old rule was in the highest degree technical and without much foundation in reason. That rule, where the trespasses were laid with a continuance, forbade the introduction of evidence of trespasses, unless committed within the space of time laid in the declaration; provided acts of trespass within that period had been already proved. But if they had not been, then it was allowable to give evidence of an act of trespass earlier than the first day named…
2Cases cited4 opinions
- Pickard v. CollinsNew York Supreme Court · 1856
- Farrand v. MarshallNew York Supreme Court · 1853
- Van Hoesen v. CoventryNew York Supreme Court · 1851
- Griffin v. BixbySuperior Court of New Hampshire · 1841
3Cited by2 opinions
- Critelli v. RogersNew York Supreme Court · 1895
- Village of Suspension Bridge v. BedfordNew York Supreme Court · 1887