Burleigh v. Ford
Supreme Court of New Hampshire
The ground where the tent stood belonged to the Boston & Maine Railroad, and by its permission, without rent, was occupied and controlled by the Alton Bay Camp-Meeting Association, by whose consent the tent, which was in fact a wooden building, was erected. At the close of the evidence, the defendant moved for a nonsuit, on the ground that the tent was a personal chattel, for being dispossessed of which the plaintiff could not maintain trespass quare clausum.
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The ground where the tent stood belonged to the Boston & Maine Railroad, and by its permission, without rent, was occupied and controlled by the Alton Bay Camp-Meeting Association, by whose consent the tent, which was in fact a wooden building, was erected. At the close of the evidence, the defendant moved for a nonsuit, on the ground that the tent was a personal chattel, for being dispossessed of which the plaintiff could not maintain trespass quare clausum. Motion denied, and exception. Verdict for the plaintiff, and motion for a new trial.
1Opinion of the CourtAllen, J.
The exceptions in this case having been once overruled and judgment ordered on the verdict, a rehearing of the questions is granted. Two questions arise, (1) whether the motion for a nonsuit was properly denied; (2) whether the second brief statement, was properly rejected.
I. The plaintiff’s “ room ” in the tent and the “ attic and appurtenances ” were not, either of them, necessarily and as matter of law, real estate, and the allegation that the defendant “ broke and entered the rooms and apartments of the plaintiff, situate, &c., being the room numbered one and the attic with the…
2Cases cited1 opinion
- Truesdale v. StrawSupreme Court of New Hampshire · 1877
3Cited by2 opinions
- Salganik v. United States Fire InsuranceSupreme Court of New Hampshire · 1922
- Ford v. BurleighSupreme Court of New Hampshire · 1882