Haslem v. Lockwood
37 Conn. 500 · Supreme Court of Connecticut · 1871
Facts
Travelers' animals dropped manure on a highway, which was then abandoned and considered worthless in its scattered state. The plaintiff scraped this manure into heaps, significantly increasing its value through his labor and expense. The plaintiff left the heaps for a reasonable time to procure the necessary means to remove them. Before the plaintiff could remove the manure, the defendant seized and appropriated the heaps for his own use. The removal of the manure was beneficial to the borough's appearance and health.
Procedural history
The court advised the Court of Common Pleas to grant a new trial. This suggests the case was previously heard in the Court of Common Pleas, and this court is providing guidance for further proceedings.
Issue
Does a party who gathers abandoned property from a highway and enhances its value through labor lose their right to that property if they leave it for a reasonable time to procure means for its removal, before another party seizes it?
Holding
No, a party who gathers and enhances the value of abandoned property does not lose their right to it if they leave it for a reasonable time to procure means for its removal. During such reasonable time, their right to the property is protected.
Rule
Manure made in the usual course of husbandry on a farm is considered real estate, appurtenant to the land, established for the benefit of agriculture. However, this principle does not apply to manure dropped by animals on a highway, which is personal property because it is a detriment to the highway and not used for agriculture. When a party finds comparatively worthless property, like scattered manure on a highway, and greatly increases its value by their labor and expense, they retain a right to that property. This right is protected for a reasonable time, allowing the party to procure the necessary means for its removal, even if they temporarily cease actual possession.
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