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Originally Posted by Bear Lover
...I'm confused here!...Where is the backup for this common law exception. Is this in writing somewhere, or will I end up telling the judge that I read it on the internet. Because quite frankly I don't think that explanation will fly.
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You of all people should understand the concept of
common law, and why it isn't just "in writing somewhere".
Back a year or two ago we were all exploring the concept of waterfront
littoral rights. You were adamant in the concept of your
littoral right to the waterfront at your home. You even correctly cited the case of Sundell v. Town of New London 119 NH 839.....
The
littoral right to usage of the water in front of your home is based on the same
common law concept that allows people in New Hampshire to freely roam private properties within reason!
The case you cite, Sundell v. Town of New London was based on
common law! So see, the concept is really not that hard to find, or understand!
Amazing, isn't it???
Anyway, when you really get bored....head on down to the legal section of your local library and peruse State v. Wentworth 118 NH 832. Yep, it's dry reading and concerns a boring anti-nuke case out of the Town of Seabrook, but it does have a neat interpretation explaining the concept of "licensed or privileged" and goes into detail about culpable state of mind! Save it for a rainy day though......
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