Angell v. Hill
New York Court of Common Pleas
Appeal from a judgment of the Otsego county court, reversing a judgment rendered in favor of the plaintiff by a justice of the peace of that county. The action was for trespass by defendant’s cattle going upon/ the plaintiff’s land, and injuring his crops of corn. The plaintiff’s lands were situated in the town of New Berlin, Chenango county. The defendant’s, which adjoined the plaintiff’s, were situated in the town of Pittsfield, Otsego county.
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Appeal from a judgment of the Otsego county court, reversing a judgment rendered in favor of the plaintiff by a justice of the peace of that county. The action was for trespass by defendant’s cattle going upon/ the plaintiff’s land, and injuring his crops of corn. The plaintiff’s lands were situated in the town of New Berlin, Chenango county. The defendant’s, which adjoined the plaintiff’s, were situated in the town of Pittsfield, Otsego county. The plaintiff’s lands are bounded on the east by the Unadilla River, and the defendant’s on the west by the same stream. The Unadilla River is= not a…
1Opinion of the CourtMartin, J.
This action was for damages to plaintiff’s field of corn, committed by the defendant’s cattle in the years 1886 and 1887. It was tried in a justice’s court, where the plaintiff bad judgment for twenty dollars damages, with costs. From that judgment an appeal was taken to the county court, and the judgment reversed. The grounds of such reversal are unknown, as no opinion or memorandum was made by the learned county judge.
The respondent, however, seeks to uphold the judgment upon the grounds: 1. That it was the duty of the plaintiff to build and maintain a proper partition fence between the…
2Cases cited4 opinions
- Rust v. LowMassachusetts Supreme Judicial Court · 1809
- Van Leuven v. Lyke & DumondNew York Court of Appeals · 1848
- Bush v. BrainardNew York Supreme Court · 1823
- Deyo v. StewartNew York Supreme Court · 1847