Beede v. Lamprey
Supreme Court of New Hampshire
Trover, for two hundred spruce logs. The defendant was defaulted, with the right to be heard as to the assessment of damages. Facts found by the court. The parties own adjoining timber lots in Moultonborough.
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Trover, for two hundred spruce logs. The defendant was defaulted, with the right to be heard as to the assessment of damages. Facts found by the court. The parties own adjoining timber lots in Moultonborough. The defendant, while engaged in an operation on his own lot,- negligently, but without malice, cut over the line dividing the lots, and cut down, trimmed, hauled to and deposited in the lake at Melvin Village in Tuftonborough, and thence towed to his saw-mill the trees in question, which facts constitute the cause of action. The question whether the measure of damages is the value of the…
1Opinion of the CourtAllen, J.
The claim of the plaintiff to recover as damages the value of the logs at the mill, which includes the value added by cutting and transporting them, is founded upon his title and right of possession of the property there, and his right to treat it as converted at any time between its severance from the realty and the commencement of the action. The plaintiff had the title to the logs and the right of possessing them at the mill. Whenever and wherever they may have been converted, the conversion did not change the title so long as the property retained its identity. The title could be changed…
2Cases cited26 opinions
- Wooden-Ware Co. v. United StatesSupreme Court of the United States · 1882
- Wetherbee v. GreenMichigan Supreme Court · 1871
- Baker v. Wheeler & MartinNew York Supreme Court · 1832
- Barton Coal Co. v. CoxCourt of Appeals of Maryland · 1873
- Stockbridge Iron Co. v. Cone Iron WorksMassachusetts Supreme Judicial Court · 1869
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3Cited by12 opinions
- Grays Harbor County v. Bay City Lumber Co.Washington Supreme Court · 1955
- Bailey v. HaydenWashington Supreme Court · 1911
- Wood v. WeaverCourt of Appeals of Virginia · 1917
- Quitman Naval Stores Co. v. ConwaySupreme Court of Florida · 1912
- Lamoreaux v. RandallNorth Dakota Supreme Court · 1926
7 more not listed; retrieve them via the Exa API.