Fairchild v. Rich
Supreme Court of Vermont
Action upon s. 4049, R. L. Heard upon the report of a referee and exceptions thereto at the September term, 1893, Franklin county, Taft, J., presiding. Judgment pro forma, overruling the exceptions, for the plaintiff. The defendants except. The action was brought by the plaintiff, as town treasurer, to recover damages done by the worrying of sheep by the dogs of the defendants.
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Action upon s. 4049, R. L. Heard upon the report of a referee and exceptions thereto at the September term, 1893, Franklin county, Taft, J., presiding. Judgment pro forma, overruling the exceptions, for the plaintiff. The defendants except. The action was brought by the plaintiff, as town treasurer, to recover damages done by the worrying of sheep by the dogs of the defendants. The referee found that, November 9, 1889, thirteen sheep belonging to one Merritt Mitchell, who owned a farm in Fairfield, were so damaged by dogs as to be practically a total loss ; that said Mitchell duly elected to…
1Opinion of the CourtTyler, J.
The defendant’s counsel contend that the statute under which the action is brought is unconstitutional because it provides for an appraisal of damages by the chairman of the selectmen and the two disinterested persons appointed by him without giving the owner of the dog an opportunity to be heard. If the appraisal were made final and conclusive upon such owner and he were required to pay the amount thereof, it would constitute a taking of his property “without due process of law.” But this is not the meaning of the statute. The purpose of the appraisal clearly is to furnish the selectmen a…
2Cases cited3 opinions
- Russell v. TomlinsonSupreme Court of Connecticut · 1817
- Rowe v. BirdSupreme Court of Vermont · 1876
- Remele v. DonahueSupreme Court of Vermont · 1882
3Cited by3 opinions
- Ives v. South Buffalo Railway Co.New York Court of Appeals · 1911
- Stoll v. Pacific Coast S. S. Co.District Court, W.D. Washington · 1913
- Ellis v. OliphantSupreme Court of Iowa · 1913