Rightmire v. Shepard
New York Supreme Court
Appeal from Tioga county court. Action by Nathan Rightmire against James Shepard to recover damages alleged to have been occasioned by the defendant’s cattle while trespassing upon the plaintiff’s land, and for destroying the plaintiff’s fence. From a judgment of the county court affirming a judgment entered in a justice’s court for costs, plaintiff appeals.
1Opinion of the CourtMartin, J.
The appeal-book shows that the defendant testified that his cattle were not on the plaintiff’s premises at any time except when he was driving them along the highway which was on the side of the plaintiff’s lot. Whether they were upon the plaintiff’s premises at other times was therefore a question of fact for the jury, and its determination of that question in defendant’s favor should not be disturbed.
The proof also discloses that while the defendant was driving his cattle along the highway they sometimes escaped to the plaintiff’s lot; that on those occasions he pursued and drove them off…
Also in this document: Concurrence.
2Cases cited1 opinion
- Stephens v. . WiderNew York Court of Appeals · 1865
3Cited by1 opinion
- Doundoulakis v. Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 1976