Robert v. Lockwood
Supreme Court of Connecticut
THIS was an aciion of trespass, (juarc clausum fregit. The declaration slated, that the defendant entered upon the plaintiff's land, dug up the soil, and destroyed the sedge, herbage, &c. growing thereon, and took therefrom great (juantilies of oysters, clams, and other shell-fish.
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THIS was an aciion of trespass, (juarc clausum fregit. The declaration slated, that the defendant entered upon the plaintiff's land, dug up the soil, and destroyed the sedge, herbage, &c. growing thereon, and took therefrom great (juantilies of oysters, clams, and other shell-fish. The land described in the declaration, consisted of a tract of upland, and about seven acres of sedge fiats contiguous thereto, which were overflowed at high water, hut which were above low-water mark, so as to he entirely overgrown with sedge. On tiie trial of the cause, if appeared that the defendant, at the time…
1Opinion of the CourtReeve, J.
This is an action of trespass for entering upon the plaintiff’s land, and digging up ids soil, destroying his sedge grass, and taking away a quantity of clams, oysters, and other shell-fish.
The defendant claimed a right to enter on the said lands, to take clams ; that it had been customary for the inhabitants of the town, and other places adjacent, from the first settlement of the country, to take clams from this ¡¡lace without molestation, being sedge fiats, which are covered at high water, but arc above low-water mark. On fhej-c fiats the defendant entered, and committed no other trespass…
2Cited by15 opinions
- Corfield v. CoryellU.S. Circuit Court for the District of Eastern Pennsylvania · 1823
- Smith v. MarylandSupreme Court of the United States · 1855
- Inhabitants of East-Haven v. HemingwaySupreme Court of Connecticut · 1828
- Hayden v. NoyesSupreme Court of Connecticut · 1824
- Mather v. ChapmanSupreme Court of Connecticut · 1873
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