Foote v. Merrill
Supreme Court of New Hampshire
Trespass, by Samuel E. Foote against Albert B. Merrill, for breaking and entering the plaintiff’s close in Warren, and cutting down and carrying away trees.
Read the full summary
Trespass, by Samuel E. Foote against Albert B. Merrill, for breaking and entering the plaintiff’s close in Warren, and cutting down and carrying away trees. The parties are owners of adjoining lots, and the question in dispute at the trial was, On which side of the dividing line between them were the trees cut ? As to damages, the court instructed the jury that they might give the value of the timber after it was cut and made ready to be hauled off the land, to which the defendant excepted. The verdict was for the plaintiff, and the defendant moved for a new trial. cited Martin v. Porter, 5…
1Opinion of the CourtHibbard, J.
The gist of the- action of trespass guare clausum fregit is the disturbance of the possession. Whatever is done after the breaking and entering is lield to be but aggravation of damages. * If the plaintiff bad failed to prove the cutting of bis trees, be might still have recovered in this action for the breach of his close — Brown v. Manter, 22 N. H. 468, 472; but if he had failed to prove the breach of his close, he could not have recovered for the taking and carrying away of his trees. Eames v. Prentice, 8 Cush. 337.
It may be assumed, although it is not stated in the case, that the court…
2Cases cited17 opinions
- Wetherbee v. GreenMichigan Supreme Court · 1871
- Baker v. Wheeler & MartinNew York Supreme Court · 1832
- Stockbridge Iron Co. v. Cone Iron WorksMassachusetts Supreme Judicial Court · 1869
- Smith v. ClevelandWisconsin Supreme Court · 1863
- Davis v. EasleyIllinois Supreme Court · 1851
12 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Dwight v. . E., C. N.R.R. Co.New York Court of Appeals · 1892
- Cummer-Graham Co. v. MaddoxTexas Supreme Court · 1956
- Serian Brothers, Inc. v. Agri-Sun NurseryCalifornia Court of Appeal · 1994