Wood v. . Snider
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 24, 1905, affirming a judgment of the Monroe County Court, which affirmed a judgment of a Justice’s Court dismissing the complaint. The defendant and six other persons owned forty or tifty cattle in severalty, which were being driven along a public highway toward a slaughter house.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 24, 1905, affirming a judgment of the Monroe County Court, which affirmed a judgment of a Justice’s Court dismissing the complaint. The defendant and six other persons owned forty or tifty cattle in severalty, which were being driven along a public highway toward a slaughter house. The cattle were attended by their owners and others and without negligence on the part of the attendants they escaped from the highway and crossed the lands of one B. a distance of ten or twelve…
1Opinion of the CourtChase, J.
In deciding whether the plaintiff is entitled to recover the damages done by the cattle as alleged it is necessary to consider the rules or principles which have long been established relating-to the possession of real property by its owner.
Every person whose rights are unaffected by some statute, contract or prescription is entitled to the possession of his real property undisturbed and unmolested by others.
Every man’s land is in the eye of the law inclosed and set apart from another’s either by visible and material fences or by an ideal, invisible boundary, and in either case every entry or…
2Cases cited12 opinions
- Buford v. HoutzSupreme Court of the United States · 1890
- Tonawanda Rail-Road v. MungerNew York Supreme Court · 1848
- Stackpole v. HealyMassachusetts Supreme Judicial Court · 1819
- Rust v. LowMassachusetts Supreme Judicial Court · 1809
- Van Wyck v. SewardNew York Supreme Court · 1837
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Foust v. KinneySupreme Court of Alabama · 1918
- Gallon v. HussarAppellate Division of the Supreme Court of the State of New York · 1916
- Metropolitan Casualty Insurance v. ClarkWisconsin Supreme Court · 1911
- Boutwell v. Champlain Realty Co.Supreme Court of Vermont · 1915
- Schwegel v. ChiaramonteAppellate Division of the Supreme Court of the State of New York · 2004
5 more not listed; retrieve them via the Exa API.