180 BOARD OF AGRICULTURE. 



Judge Bennett. I do not think you would be. 



Question. How is it about gas-fixtures in a man's house ? 



Judge Bennett. I purposely omitted gas-fixtures, be- 

 cause it is a mooted question yet. For every case I have 

 stated I have found direct, positive authority in the decis- 

 ions of the best courts in America ; but, inasmuch as I 

 found there was a difference of opinion among different 

 tribunals on the question whether gas-fixtures pass with 

 the house or not, I purposely omitted saying any thing 

 about it. 



Question. Have I a right to take any material from the 

 road-side for my own private use ? 



Judge Bennett. Against your own land, undoubtedly. 

 The land-owner has a right to any thing of value on the sur- 

 face, or below the surface, of the road, unless the highway 

 surveyor puts in his claim to it for the repair of the road. 

 As against anybody else, his claim is as perfect as to his own 

 well or his own kitchen. He must not injure the road, of 

 course. That is to say, a man would not have a right to dig 

 a pit in the highway, and leave it open there, and take away 

 the material to use on his own land. He is not liable be- 

 cause he takes away the material ; but he is liable because he 

 did not fill up the hole. He has a right to the material, 

 unless the highway surveyor wants it. 



Question. Suppose there is a gravel-bank, and I want 

 the gravel to use ? 



Judge Bennett. You have a right to it, unless the sur- 

 veyor objects to your taking it. You own it ; it is yours : 

 why shouldn't you take it ? 



Question. If the limbs of my trees hang over the fence, 

 and shade another man's land, has he a right to stand on the 

 fence and cut those limbs off? 



Judge Bennett. Undoubtedly. I stated that as clearly 

 as I could. Every man has a right to use his own land. If 

 the limbs of my trees hang over his land, and he wants to 

 prune up, he must prune on his own land; but he has a 

 right to cut the limbs of my trees off, because I have no right 

 to allow my trees to grow so as to prevent his using liis 

 land. 



Question. Suppose I have a cellar near the boundary of 

 another man, who owns a cranberry-meadow; and he flows 



