Laird v. Railroad
Supreme Court of New Hampshire
Case, for burning the plaintiff’s buildings and goods, situate in Barnet, Vt., on the line of the defendants’ road, by sparks communicated from the defendants’ locomotives, May 11, 18721 April 17, 1851, the defendants leased to one Isaac Watts the land on which there was a two-story building, occupied as a store, immediately north of their passenger station in Barnet, and in. line with the same on the westerly side of their track, and about four feet from the same.
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Case, for burning the plaintiff’s buildings and goods, situate in Barnet, Vt., on the line of the defendants’ road, by sparks communicated from the defendants’ locomotives, May 11, 18721 April 17, 1851, the defendants leased to one Isaac Watts the land on which there was a two-story building, occupied as a store, immediately north of their passenger station in Barnet, and in. line with the same on the westerly side of their track, and about four feet from the same. The lease stipulated that the building should “be occupied as a store for mercantile transactions by said Watts;” and, further,…
1Opinion of the CourtClark, J.
The plaintiff’s buildings, standing on the land of the railroad with the right of removal, were personal property (Aldrich v. Parsons, 6 N. H. 555, Dame v. Dame, 38 N. H. 429); and the nature of the property was not changed by the fact that the plaintiff may have had such an interest in the land as would enable him to maintain an action of trespass qn. el. for an injury to the possession. This action is for the recovery of damages for the destruction of the buildings and their contents; and the property destroyed being personal, the action is transitory, and the plaintiff’s right, whether…
2Cases cited8 opinions
- Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
- Atchison, Topeka & Santa Fe Rld. v. StanfordSupreme Court of Kansas · 1874
- Spaulding v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1872
- Burke v. Louisville & Nashville RailroadTennessee Supreme Court · 1872
- Wakefield v. Connecticut & Passumpsic Rivers RailroadSupreme Court of Vermont · 1864
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3Cited by1 opinion
- Ford v. BurleighSupreme Court of New Hampshire · 1882