Rowe v. Bird
Supreme Court of Vermont
Trespass, for that at Bethel, on the 7th of December, 1872, defendant, with force and arms, by his dog, did worry, wound, and kill a great number of plaintiff’s sheep, to wit, thirty sheep, of the value of, It appeared on the trial that some dogs killed some of plaintiff’s sheep and damaged others, on or about the 7th of December, 1872. Testimony was introduced by plaintiff tending to show that defendant’s dbg was one of two that did the damage.
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Trespass, for that at Bethel, on the 7th of December, 1872, defendant, with force and arms, by his dog, did worry, wound, and kill a great number of plaintiff’s sheep, to wit, thirty sheep, of the value of, It appeared on the trial that some dogs killed some of plaintiff’s sheep and damaged others, on or about the 7th of December, 1872. Testimony was introduced by plaintiff tending to show that defendant’s dbg was one of two that did the damage. It appeared from plaintiff’s own testimoúy, that the other of said dogs was the property of one Green, that Green’s dog was killed, and that all this…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
Was the exclusion of the defendant’s evidence tending to prove that the plaintiff’s dog had the vicious habit of worryingv,sheep, and might have done the mischief complained of, error ? As the case is stated, we do not think the exclusion of this evidence error. If the evidence relied upon by the plaintiff had been altogether circumstantial, and the fact that the defendant’s dog was prone to do such mischief, and was at that time at large and in the .vicinity, was relied upon to prove the fact that the mischief was done by defendant’s dog,…
2Cases cited1 opinion
- Russell v. TomlinsonSupreme Court of Connecticut · 1817
3Cited by5 opinions
- Inhabitants of the County of Worcester v. AshworthMassachusetts Supreme Judicial Court · 1893
- Nohre v. WrightSupreme Court of Minnesota · 1906
- Fairchild v. RichSupreme Court of Vermont · 1895
- Remele v. DonahueSupreme Court of Vermont · 1882
- Town of Lowell v. ParkerSupreme Court of Vermont · 1923