Hitchcock v. Tower
Supreme Court of Vermont
Replevin. Avowry that the cattle were taken damage feasant in the defendant’s enclosure and duly impounded. Trial by court, March Term, 1882, Veazey, J., presiding. Judgment for the plaintiff. The facts appear in the opinion of the court.
1Opinion of the Court
' The opinion of the court was delivered by
Taft, J.
The parties own adjoining lands. At the time the controversy arose, no division of the fence between said lands had ever been made by the fence viewers or by agreement of the owners executed as provided by R. L. sec. 3190. The plaintiff’s cattle escaped through the fence on to the defendant’s land ; the defendant impounded them, and this action is brought to recover them. The plaintiff’s right to recover depends upon whether the defendant was bound to keep the fence, through which the cattle escaped, in repair. One “ cannot lawfully impound…
2Cases cited2 opinions
- Porter v. AldrichSupreme Court of Vermont · 1866
- Tupper v. ClarkSupreme Court of Vermont · 1870
3Cited by2 opinions
- Tsuboi v. CohnIdaho Supreme Court · 1924
- Blood v. SpauldingSupreme Court of Vermont · 1885