Wilder v. Stanley
Supreme Court of Vermont
Case for the negligence of the defendant. Heard upon the report of a referee at the September term, 1892, Thompson, J., presiding. Judgment for the plaintiff. The defendant excepts. The plaintiff and defendant owned and occupied adjoining pastures. . The colts of the plaintiff escaped from his pasture into the pasture of the defendant over a portion of the division line fence, which it was the duty of the defendant to maintain.
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Case for the negligence of the defendant. Heard upon the report of a referee at the September term, 1892, Thompson, J., presiding. Judgment for the plaintiff. The defendant excepts. The plaintiff and defendant owned and occupied adjoining pastures. . The colts of the plaintiff escaped from his pasture into the pasture of the defendant over a portion of the division line fence, which it was the duty of the defendant to maintain. From the defendant’s pasture they passed into the pasture of one Willey. While there they started from some cause and ran back towards the pasture of the defendant,…
1Opinion of the Court
ROSS, Ch. J.
The defendant contends that the referees have not found that the colt injured escaped over the defective portion of the division fence, which it was the duty of the defendant to maintain and keep in repair. This contention is not sustained by the report. They first find that at the time of the injury complained, of the defendant’s por*148tion of the fence was insufficient at certain points described; then that, on September 20, 1888, the plaintiff’s colts escaped from his pasture into the defendant’s pasture, over or through the gap or break in the defendant’s portion of the fence;…
2Cases cited1 opinion
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