Wilson v. Wentworth
Superior Court of New Hampshire
Trespass for taking and carrying away a pine timber log, the property of the plaintiff, and converting the same to the defendant’s use. Plea, the general issue. Upon the, trial, it appeared in evidence that the log in question was one of a quantity of logs, cut by the plaintiff in the winter of 1840-41, and put into Israel’s river, to be floated down to the Connecticut.
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Trespass for taking and carrying away a pine timber log, the property of the plaintiff, and converting the same to the defendant’s use. Plea, the general issue. Upon the, trial, it appeared in evidence that the log in question was one of a quantity of logs, cut by the plaintiff in the winter of 1840-41, and put into Israel’s river, to be floated down to the Connecticut. In its passage down the Israel’s river, it was carried by a rise of the water upon the improved meadow land of the defendant, and there lay until some time in the month of September, 1843, when it was removed by the defendant,…
1Opinion of the CourtBell, J.
Two questions are raised by this ease. The first, upon the instruction given to the jury, relative to the length of time required by the statute to authorize the taking of lumber by the land owner to his own use; and the second, whether an appraisal of the damages is necessary before the land owner can convert the lumber to his use.
The statute in force before the Eevised Statutes, applicable to these questions, is that of December 28,1805, which in substance provided that if any lumber, — put into any river or stream running thereinto, — and by the water carried or lodged upon any improved…
2Cases cited4 opinions
- Walker v. SawyerSuperior Court of New Hampshire · 1842
- Pike v. JenkinsSuperior Court of New Hampshire · 1841
- Fairbanks v. Town of AntrimSuperior Court of New Hampshire · 1819
- Woodbury v. ThompsonSuperior Court of New Hampshire · 1825