Skinner v. Wilder
Supreme Court of Vermont
Trespass qu. cl. fr., with a count in trover. Plea, the general issue, and trial by jury, September Term, 1863, Barrett, J., presiding. Upon the plaintiff’s offer to prove the facts set forth in the opinion, the court held, pro forma, that if these facts were proved the plaintiff would not be entitled to recover, and directed a verdict for the defendant, — to which the plaintiff excepted.
1Opinion of the Court
The opinion of the court was delivered by
Peck, J.
In this case it appears that the plaintiff planted or set apple trees on his own land jspti&Bi. from,j the division line between his land and the defendant’s land ; the trees grew until the roots extended into, and the branches overhung, the defendant’s land. The question is whether the defendant is liable either in trespass on the freehold or in trover for picking, carrying away and converting to his own use, the apples growing on the branches overhanging his own land.
Each party claims to be the sole owner of the fruit in question ; the…
2Cases cited1 opinion
- Lyman v. HaleSupreme Court of Connecticut · 1836
3Cited by13 opinions
- Michalson v. NuttingMassachusetts Supreme Judicial Court · 1931
- Gostina v. RylandWashington Supreme Court · 1921
- Wideman v. FaivreSupreme Court of Kansas · 1917
- Granberry v. JonesTennessee Supreme Court · 1949
- Smith v. HoltSupreme Court of Virginia · 1939
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