Johnson v. Patterson
Supreme Court of Connecticut
IN ERROR. The original action was trespass, brought by Henry Patterson against Sheldon C. Johnson, to the county court of New-Haven county, for killing and destroying ten hens and chickens, the property of the plaintiff. There was also a special count in case, for the same injury. On the trial before the county court, November term, 1839, the plaintiff offered evidence to prove, and claimed to have proved, the allegations in his declaration.
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IN ERROR. The original action was trespass, brought by Henry Patterson against Sheldon C. Johnson, to the county court of New-Haven county, for killing and destroying ten hens and chickens, the property of the plaintiff. There was also a special count in case, for the same injury. On the trial before the county court, November term, 1839, the plaintiff offered evidence to prove, and claimed to have proved, the allegations in his declaration. The defendant claimed to have proved, by proper evidence introduced for that purpose, that he had been, for a long time, trespassed upon, by the…
1Opinion of the CourtSherman, J.
This is not a case in which the destruction of the plaintiff’s property resulted from acts done by the de*4fendant, in the ordinary use of his own, without any intention to do the injury complained of; as in Blythe v. Topham, Cro. Jac. 158. where a stray horse fell into a pit made by the defendant in the common ; or in Bush v. Brainard, 1 Cowen, 78. where the cow of the plaintiff, trespassing on the defendant’s land, was killed, by drinking maple syrup in the defendant’s sugar works. In this case, the defendant scattered the poison in his enclosure with intent to kill the plaintiff’s fowls, if…
2Cases cited1 opinion
- Anderson v. WaltonMississippi Chancery Courts · 1844
3Cited by37 opinions
- Washington v. B. & O. R. R.West Virginia Supreme Court · 1880
- Daniels v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1891
- Woolf v. ChalkerSupreme Court of Connecticut · 1862
- Isbell v. New York & New Haven RailroadSupreme Court of Connecticut · 1858
- Simpson v. StateSupreme Court of Alabama · 1877
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