Coles v. Burns
New York Supreme Court
Appeal from a judgment of the county judge of Queens county, reversing the verdict of a jury in a statutory proceeding taken before a justice of the peace, under the acts to prevent animals from running at large in the public highway. (Oh. 459 of 1862, as amended by ch. 814 of 1867.) The parties are owners of farms in Queens county, situated on the opposite sides -of a public highway.
Read the full summary
Appeal from a judgment of the county judge of Queens county, reversing the verdict of a jury in a statutory proceeding taken before a justice of the peace, under the acts to prevent animals from running at large in the public highway. (Oh. 459 of 1862, as amended by ch. 814 of 1867.) The parties are owners of farms in Queens county, situated on the opposite sides -of a public highway. On the morning of May 24, 1879, a mare belonging to the appellant slipped her halter, and ran across the appellant’s farm into and upon the highway. She was followed by -her foal. The animals ran upon the…
1Opinion of the Court
Gilbert, J.:
Technically, the animals in question were trespassing on the plaintiff’s premises. . The trespass, however, was wholly involuntary. *248Perhaps the plaintiff; might have maintained an action for such trespass, though that is by no means clear, for the reason that it appears that the gate of his lane, through which the animals went on his premises, had been left open. If it was his duty to keep the gate shut, then, his neglect to do so would defeat his action, for a man cannot recover for an injury occasioned, in any degree, by his own default. And, in such a case, it was lawful for…
2Cases cited1 opinion
- Jones v. . SheldonNew York Court of Appeals · 1872