Edward H. Litchfield, Appellant v. Edward A. Pond, Respondents

Summary

The Court of Appeals reversed the lower courts, holding that the state engineer and his assistants acted beyond the lawful scope of the state's general power to survey and therefore committed an unauthorized trespass for which they are personally liable; the plaintiff may sue the individual officers in equity rather than being limited to the Court of Claims. Justice Gray dissented, arguing that the survey work was a permissible exercise of governmental power and should not give rise to liability.