Moulton v. Moore
Supreme Court of Vermont
Trespass. Heard on the report of a referee, March Term, 1883, Rowell, J., presiding. The action was brought against Ephraim Moore and Marshall A. Moore. Judgment was rendered upon the report for Ephraim to recover, his costs, and in favor of the plaintiff against Marshall A., for the full amount found by the referee.
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Trespass. Heard on the report of a referee, March Term, 1883, Rowell, J., presiding. The action was brought against Ephraim Moore and Marshall A. Moore. Judgment was rendered upon the report for Ephraim to recover, his costs, and in favor of the plaintiff against Marshall A., for the full amount found by the referee. The defendant excepted to the report “ because the referee received evidence that damage was done upon plaintiff’s premises by a certain cow which was the sole and separate property of one of said defendants, and by three certain cows which were the sole and separate property of…
1Opinion of the Court
The opinion of the court was delivered by
Yeazey, J.
It is settled law in this State, that the statutes in respect to fences between occupied lands, do not relieve the owners of cattle from the common law duty of restraining them from straying on to the premises of others. Keenan v. Cavanaugh, 44 Vt. 268. The defence is not put on the ground of neglect of the plaintiff as to his fence, but that .the defendant Marshall A. Moore is not liable under the declaration for the damage done by the cows belonging to his father.
He was the lessee of his father’s farm at the halves, and had the management…
2Cases cited5 opinions
- Adams v. HallSupreme Court of Vermont · 1829
- Keenan v. CavanaughSupreme Court of Vermont · 1872
- Ward v. BrownIllinois Supreme Court · 1872
- Wright v. CooperSupreme Court of Vermont · 1802
- Smith v. JaquesSupreme Court of Connecticut · 1827
3Cited by5 opinions
- Woodhouse v. Woodhouse Et Ux.Supreme Court of Vermont · 1925
- Beaulac v. RobieSupreme Court of Vermont · 1917
- Blood v. SpauldingSupreme Court of Vermont · 1885
- Atwater v. LoweNew York Supreme Court · 1886
- Woodhouse v. Woodhouse Et Ux.Supreme Court of Vermont · 1925