Bailey v. Sweeney
Supreme Court of New Hampshire
Trespass and TROVER, for taking and carrying away three tons of hay. Facts found by the court. The hay in question was cut by servants of the Sullivan County Railroad upon land within the limits of their location where their road crosses the plaintiff’s farm. After it had been cut, and before its removal, the corporation refused to allow the plaintiff to take it, but gave it to the defendant, one of their servants, who carried it away to his own use.
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Trespass and TROVER, for taking and carrying away three tons of hay. Facts found by the court. The hay in question was cut by servants of the Sullivan County Railroad upon land within the limits of their location where their road crosses the plaintiff’s farm. After it had been cut, and before its removal, the corporation refused to allow the plaintiff to take it, but gave it to the defendant, one of their servants, who carried it away to his own use. The rights and title of the corporation in the land where the hay was cut were acquired by condemning and taking it for railroad purposes by…
1Opinion of the CourtAllen, J.
The Sullivan County Railroad, whose servant the defendant is, and by whose direction and gift the grass was taken and used, assume the defence of the case. The grass grew within the limits of the railroad upon land that had been a part of the plaintiff’s farm and taken for railroad purposes. The fee in the land taken for a railroad remains with the owner from whom the land was taken. The railroad have the possession and control of the land to use for constructing, maintaining, and operating a railroad. Blake v. Rich, 34 N. H. 282. If there was a reasonable necessity for the defendants in…
2Cited by2 opinions
- Sanborn v. Van DuyneSupreme Court of Minnesota · 1903
- Grand Trunk Railway Co. v. BerlinSupreme Court of New Hampshire · 1894