Rowland v. Baird
New York County Court, Montgomery County
Trial before Hon. Zerak S. Westbrook, county judge, presiding, and a jury. The action was brought to recover damages for injuries to plaintiff’s horse in jumping upon a sharp barbed-wire fence erected between the adjoining farms of the parties by the defendant, and being a part of the line fence that he was bound to maintain.
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Trial before Hon. Zerak S. Westbrook, county judge, presiding, and a jury. The action was brought to recover damages for injuries to plaintiff’s horse in jumping upon a sharp barbed-wire fence erected between the adjoining farms of the parties by the defendant, and being a part of the line fence that he was bound to maintain. The plaintiff sought to recover on two grounds; first, that the defendant was guilty of negligence in building and maintaining an improper and dangerous fence; and, second, that the fence was a nuisance. The defence was a general denial. The substantial facts are stated…
1Opinion of the Court
The following is the charge of the court to the jury:
Westbrook, J.
This action, gentlemen, is in tort, and is based upon the alleged unlawful acts of the defendant.
The plaintiff, Jay Howland, a farmer of the town of Florida, and the defendant, Benjamin Baird, of the same town, are adjoining owners of farms ; and it is alleged on the part of the plaintiff that the defendant has done a wrong by reason of which he has sustained damage, and this action has been brought to recover the damages which the plaintiff, alleges that he has sustained by reason of this wrong.
The particular wrong complained…
2Cited by2 opinions
- Van Gorder v. Eastchester Estates, Inc.New York Supreme Court · 1955
- Rehler v. Western New York & Pennsylvania RailroadNew York Supreme Court · 1889