Gilman v. Noyes
Supreme Court of New Hampshire
From Coos Circuit Court. Case, for carelessly leaving the plaintiff’s bars down, whereby his cattle and sheep escaped, and he was compelled to expend, and did expend, time and money in hunting for the same, and his sheep were wholly lost. i The evidence tended to show that the defendant, in looking after his own cattle, left the plaintiff’s bars down, and that his cattle, and three sheep belonging to one Marshall, and which the plaintiff was pasturing, were wholly lost.
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From Coos Circuit Court. Case, for carelessly leaving the plaintiff’s bars down, whereby his cattle and sheep escaped, and he was compelled to expend, and did expend, time and money in hunting for the same, and his sheep were wholly lost. i The evidence tended to show that the defendant, in looking after his own cattle, left the plaintiff’s bars down, and that his cattle, and three sheep belonging to one Marshall, and which the plaintiff was pasturing, were wholly lost. The defendant denied that said cattle and sheep escaped through the bars, and introduced evidence tending to show that they…
1Opinion of the Court
FROM COOS CIRCUIT COURT. The objection to the requests for instructions in regard to the compromise is, that they are not based upon the evidence. The evidence was to the effect that the defendant admitted his liability, and said that he would pay the damage. But there was nothing said or done by the parties from which the jury could infer an accord and satisfaction if it had been pleaded, and that defence could not be taken at all without a plea to that effect.
As to the objection that the plaintiff could not recover because the sheep were the property of Marshall, it seems enough to say that…
2Cases cited2 opinions
- Fent v. Toledo, Peoria & Warsaw Railway Co.Illinois Supreme Court · 1871
- State v. Manchester & Lawrence RailroadSupreme Court of New Hampshire · 1873
3Cited by6 opinions
- Gage v. Boston & Maine RailroadSupreme Court of New Hampshire · 1914
- Ela v. Postal Telegraph Cable Co.Supreme Court of New Hampshire · 1901
- Hubbard v. GouldSupreme Court of New Hampshire · 1906
- Boothby v. Grand Trunk RailwaySupreme Court of New Hampshire · 1890
- Searle v. ParkeSupreme Court of New Hampshire · 1895
1 more not listed; retrieve them via the Exa API.