Dolloff v. Danforth

43 N.H. 219

Opinion

Bartlett, J.

The only question raised in the case is whether the plaintiff upon his own evidence can maintain trespass quare clausum. We think he can; his agreement with Sanderson entitled him to the exclusive enjoyment of the crop standing on the land during the proper period of its full growth and removal; and such exclusive right would enable him to maintain trespass quare clausum against any stranger who wrongfully enters and cuts and carries away the grass. Crosby v. Wadsworth, 6 East 603; 2 Hill. Torts 8; 2 Greenl. Ev., sec. 614; 2 Saund. Pl. and Ev. 867; Waddington v. Bristow, 2 B. & P. 542. The fact that Sanderson agreed to cut the grass as his servant, does not alter the case.

Judgment on the verdict.