Hardenburgh v. Lockwood
New York Supreme Court
THIS was an appeal from a judgment of the Sullivan county court, reversing a justice’s judgment. The action was brought to recover damages sustained by the plaintiff by means of the defendant’s cattle entering upon his lands and destroying his crops. It appeared from the testimony returned by the justice, that the defendant owned lands adjoining the plaintiff’s land on the south and east. The defendant’s lands were unenclosed, and lay open to the highway.
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THIS was an appeal from a judgment of the Sullivan county court, reversing a justice’s judgment. The action was brought to recover damages sustained by the plaintiff by means of the defendant’s cattle entering upon his lands and destroying his crops. It appeared from the testimony returned by the justice, that the defendant owned lands adjoining the plaintiff’s land on the south and east. The defendant’s lands were unenclosed, and lay open to the highway. The north part of the defendant’s land was wood land. On the west side of this wood land was the field where the injury was alleged to have…
1Opinion of the Court
By the Court, Harris, J.
It is not denied that the defendant’s cattle entered upon the plaintiff’s land, or that the plaintiff had sustained damage thereby. - This, at the common law, would have entitled the plaintiff to recover. For it is only by statute, that a man is required to protect his land by fences. (See The Tonawanda Rail Road Co. v. Munger, 5 Denio, 259.)
The defendant had chosen to let her land lie unfenced. This she had a right to do, and, doing it, she was excused from any obligation to make or maintain any part of the division fence between her and the. plaintiff. (1 R. S. 353,…
2Cases cited3 opinions
- Tonawanda Rail-Road v. MungerNew York Supreme Court · 1848
- Holladay v. MarshNew York Supreme Court · 1829
- Griffin v. MartinNew York Supreme Court · 1849
3Cited by7 opinions
- Donahue v. . Keystone Gas Co.New York Court of Appeals · 1905
- Welch v. BowenIndiana Supreme Court · 1885
- Wood v. . SniderNew York Court of Appeals · 1907
- Blashfield v. Empire State Tel. & Tel. Co.New York Supreme Court · 1892
- Andrews v. StateSupreme Court of Delaware · 2007
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