Payne v. Gould
Supreme Court of Vermont
Trespass under V. S- 4626. Plea, the' general issue. Trial by court at the September Term, 1899, Franklin County, Start, I., presiding. Judgment for the plaintiff. The defendant excepted. Judgment should have been for the defendant because the land was not cultivated or enclosed. The south boundary was an imaginary line only.
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Trespass under V. S- 4626. Plea, the' general issue. Trial by court at the September Term, 1899, Franklin County, Start, I., presiding. Judgment for the plaintiff. The defendant excepted. Judgment should have been for the defendant because the land was not cultivated or enclosed. The south boundary was an imaginary line only. “A field, with a fence on three sides only, could not, in any legal sense, be spoken of as enclosed, unless the fourth side was bounded by some natural object or occupied by some artificial erection which rendered a fence impracticable or unnecessary.” 10 Am. & Eng.…
1Opinion of the CourtWatson, J.
This action is trespass under Vermont Statutes, section 4626, which provides that if the owner or occupant of enclosed land or cultivated land not enclosed, conspicuously posts notices on the same, as provided by law, a person who wilfully enters thereupon without the permission of the owner or occupant, for the purpose of fishing, trapping, or shooting thereon, shall forfeit ten dollars, to be recovered by the owner thereof in an action of trespass, in addition to the damages sustained thereby.
The declaration is in two counts, but the exceptions state that the evidence was all received under…
2Cases cited4 opinions
- State v. NortonSupreme Court of Vermont · 1873
- Porter v. AldrichSupreme Court of Vermont · 1866
- Hooker v. HicockSupreme Court of Vermont · 1826
- Carpenter v. CookSupreme Court of Vermont · 1894
3Cited by5 opinions
- Payne v. SheetsSupreme Court of Vermont · 1903
- Bergen v. StateCourt of Appeals of Maryland · 1964
- Hibberd v. McCoskerCalifornia Court of Appeal · 1921
- Cabot v. ThomasSupreme Court of Vermont · 1986
- State v. Ronald DupuisSupreme Court of Vermont · 2018