Merrils v. Goodwin
Connecticut Superior Court
Eebob to reverse a judgment of a justice in an action of trespass, Goodwin v. Merrils; for cutting down a tree in the woods, that had a swarm of bees in it, and taking the honey, which the plaintiff had previously discovered. The defendant plead in bar — That said bees were a swarm from his hive; that he had frequently lined them to' near said tree; and that said bees were his property.
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Eebob to reverse a judgment of a justice in an action of trespass, Goodwin v. Merrils; for cutting down a tree in the woods, that had a swarm of bees in it, and taking the honey, which the plaintiff had previously discovered. The defendant plead in bar — That said bees were a swarm from his hive; that he had frequently lined them to' near said tree; and that said bees were his property. The plaintiff replied — That he found them wild in the woods, and had good right to take them. To which reply, a demurrer was given. The judgment of the justice was — That the plaintiff’s reply was sufficient;…
1Opinion of the Court
By the Court.
A man’s finding bees in a tree standing upon another man’s land, gives him no right either to the tree or the bees; and a swarm of bees going from a hive, if they can be followed and known, are not lost to tbe owner, but may be reclaimed.
2Cited by3 opinions
- Rexroth v. CoonSupreme Court of Rhode Island · 1885
- State v. ReppSupreme Court of Iowa · 1898
- Fisher v. StewardSuperior Court of New Hampshire · 1804