Lawrence v. Combs
Supreme Court of New Hampshire
Case, for negligence. The declaration alleged, in substance, that the plaintiff was seized and possessed of a tract of land, situate in Winchester, containing thirty-acres, bounded on the north by the highway leading from Winchester to Swanzey, on the west side of the Ashuelot river; on the east by land of the defendant; on the south by Ashuelot River; and on the west by land of David Combs and said highway; and that the defendant was possessed of and in the occupation of a…
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Case, for negligence. The declaration alleged, in substance, that the plaintiff was seized and possessed of a tract of land, situate in Winchester, containing thirty-acres, bounded on the north by the highway leading from Winchester to Swanzey, on the west side of the Ashuelot river; on the east by land of the defendant; on the south by Ashuelot River; and on the west by land of David Combs and said highway; and that the defendant was possessed of and in the occupation of a certain other tract of land, in Winchester, situate next adjoining the land of the plaintiff, and easterly thereof; and…
1Opinion of the CourtEastman, J.
At common law, a tenant or owner was not obliged to fence against an adjoining owner or occupier, *335except by prescription, but he was to keep his cattle on his own land at his peril. And if they escaped, they might be taken on whatever land they were found damagefeasant, or the owner was liable to an action of trespass by the party injured. And where there was no prescription, but the tenant had made an agreement to fence, he could not be compelled to carry out his agreement and make the fence ; and the party injured by the breach of the agreement had no remedy but by an action on the…
2Cases cited5 opinions
- Hurd v. Rutland & Burlington RailroadSupreme Court of Vermont · 1853
- Wells v. HowellNew York Supreme Court · 1822
- Holladay v. MarshNew York Supreme Court · 1829
- Deyo v. StewartNew York Supreme Court · 1847
- Lord v. WormwordSupreme Judicial Court of Maine · 1849