Legal Opinion

Brainard v. Clapp

Massachusetts Supreme Judicial Court

Decided September 15, 1852PublishedCited by 4 opinions

• This was an action of trespass brought in the court of common pleas, and there tried before Mellen, J. against the defendant, as the agent and servant of the Connecticut River Railroad Company, for cutting fifteen trees, described as trees for fruit, ornament, or shade, growing on the plaintiff’s land. The facts of the case, and the instructions of the judge, so far as the same are necessary to be stated, are sufficiently set forth in the opinion of the court.

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• This was an action of trespass brought in the court of common pleas, and there tried before Mellen, J. against the defendant, as the agent and servant of the Connecticut River Railroad Company, for cutting fifteen trees, described as trees for fruit, ornament, or shade, growing on the plaintiff’s land. The facts of the case, and the instructions of the judge, so far as the same are necessary to be stated, are sufficiently set forth in the opinion of the court. The case was argued and decided as of the September term, 1851.

1Opinion of the CourtShaw, C. J.

This is an action of trespass qua/re clausum. The ground of the plaintiff’s complaint, as set forth in various counts is, that the defendant unlawfully entered on the plaintiff’s land, and caused trees, to the number of fifteen, to be cut down and destroyed. The defendant, with the general issue, filed a specification of defence, justifying the alleged trespass, as the president, agent, and servant of the Connecticut River Railroad Company, on the ground that the acts complained of were done within the limits of land taken by' said company, for the construction of the railroad, by virtue of…

2Cases cited1 opinion

  1. Barclay v. Richard W. Howell's LesseeSupreme Court of the United States · 1832

3Cited by4 opinions

  1. Railroad v. OliveSupreme Court of North Carolina · 1906
  2. Western Union Telegraph Co. v. PolhemusCourt of Appeals for the Third Circuit · 1910
  3. City of Newark v. Central R. Co. of New JerseyDistrict Court, D. New Jersey · 1923
  4. Butler v. StitesCourt of Appeals of Tennessee · 1928

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