Giles v. Boston & Maine Railroad
Supreme Court of New Hampshire
Trespass on the case, for killing a pair of oxen belonging to the plaintiff, valued at $250. Writ dated July 26, 1874. Plea, the general issue.
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Trespass on the case, for killing a pair of oxen belonging to the plaintiff, valued at $250. Writ dated July 26, 1874. Plea, the general issue. At the trial before Stanley, J., the plaintiff offered evidence tending to prove the following state of facts : On July 11,1874, and from thence till date of writ, the plaintiff and one Perkins owned and occupied in common a certain close in East Kingston called the “ Yeasey pasture,” adjoining the farm of one John S. Lamprey, and separated therefrom by a fence, and through which farm passes the defendants’ railroad. On that day, the plaintiff’s oxen,…
1Opinion of the Court
Railroad corporations are not bound, either at common law or by statute, to fence their roads for the benefit of trespassers, nor against any except adjoining land owners. Cornwall v. Sullivan R. R., 28 N.H. 161; Mayberry v. Concord R. R., 47 N.H. 391; Chapin v. Sullivan R. R., 39 N.H. 57; Woolson v. Northern R. R., 19 N.H. 269; Towns v. Cheshire R. R., 21 N.H. 366. The manner in which the plaintiff's oxen escaped into the field of John S. Lamprey, and thence into the field of Lewis Lamprey, and to the house of Perkins, is immaterial. The case shows the cattle upon the highway in the care of…
2Cases cited8 opinions
- Jackson v. Rutland & Burlington RailroadSupreme Court of Vermont · 1853
- Rust v. LowMassachusetts Supreme Judicial Court · 1809
- Eames v. Salem & Lowell RailroadMassachusetts Supreme Judicial Court · 1868
- McDonnell v. Pittsfield & North Adams RailroadMassachusetts Supreme Judicial Court · 1874
- Lord v. WormwordSupreme Judicial Court of Maine · 1849
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3Cited by2 opinions
- Hill v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1893
- Deming v. Boston & Maine RailroadSupreme Court of New Hampshire · 1917