Eddy v. Kinney
Supreme Court of Vermont
ActioN on the case for negligence. Trial by jury, September Term, 1887, Taft, J., presiding. Verdict for the plaintiff. The parties were adjoining landowners of occupied lands in Marshfield, Vt. The Montpelier & Wells River Railroad crossed said lands. The lands of the parties were separated by a fence, which was legally divided. There was a fence between the plaintiff’s land and the railroad track, but none between the track and the defendants’ land.
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ActioN on the case for negligence. Trial by jury, September Term, 1887, Taft, J., presiding. Verdict for the plaintiff. The parties were adjoining landowners of occupied lands in Marshfield, Vt. The Montpelier & Wells River Railroad crossed said lands. The lands of the parties were separated by a fence, which was legally divided. There was a fence between the plaintiff’s land and the railroad track, but none between the track and the defendants’ land. The part of the fence between the parties’ lands which the defendants were bound to keep in repair was insufficient. By reason of such…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The uncontroverted facts, shown by the plaintiff, entitled him to a judgment unless the offered testimony of the defendants was admissible. The parties own adjoining occupied lands, between which the fence was divided. The defendants’ portion of the division fence was insufficient and out of repair. *556The plaintiff’s cattle escaped from his pasture over the insufficient portion of the defendants’ fence and were injured. The defendants offered to show that the plaintiff knew of the insufficiency in the defendants’ portion of the division fence,…
2Cases cited3 opinions
- Saxton v. BaconSupreme Court of Vermont · 1859
- Keenan v. CavanaughSupreme Court of Vermont · 1872
- Sorenberger v. HoughtonSupreme Court of Vermont · 1868