Drew v. Spaulding
Supreme Court of New Hampshire
Trover for a cow; plea, the general issue. The parties agree upon the following statement of facts : The plaintiff’s cow was taken up by the defendant, at 5 o’clock, P. M., Oct. 4, 1862, doing damage in his buckwheat field, which was not fenced. At the time the defendant took up the cow, he was ready to go to Nashua, 5 miles distant, with milk for his customers there, who were so situated that it required his personal attention there to distribute his milk.
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Trover for a cow; plea, the general issue. The parties agree upon the following statement of facts : The plaintiff’s cow was taken up by the defendant, at 5 o’clock, P. M., Oct. 4, 1862, doing damage in his buckwheat field, which was not fenced. At the time the defendant took up the cow, he was ready to go to Nashua, 5 miles distant, with milk for his customers there, who were so situated that it required his personal attention there to distribute his milk. He drove the cow about 30 rods to his barn-yard, through his field in a partially opposite direction from the pound, where he left her in…
1Opinion of the CourtBell, C. J.
Upon the first point raised by the plaintiff, I have not been so fortunate as to find any authority. Upon the reasons of the case, it would seem that a party, seizing cattle trespassing on his land, should not be bound to lay aside all other business, and proceed forthwith to drive them to the pound. He should be allowed a reasonable time for the purpose, regarding all the circumstances j as,if he had found the cattle injuring his crops at midnight, he should not be required to drive them to the pound till a reasonable hour in the morning. What is reasonable is in every case to be determined…
2Cases cited5 opinions
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- Pratt v. HillNew York Supreme Court · 1853
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- Farrington v. PayneNew York Supreme Court · 1818