Lyons v. Merrick
Massachusetts Supreme Judicial Court
Tort. The first count of the declaration alleged that the plaintiff was owner of a mare, and also of a pasture properly fenced in Wilbraham; that he placed the mare in the pasture; that the defendant was owner of a mule, and also had in his possession to keep for hire a horse of John Fuller, and possessed a lot of land upon which he turned the mule and the horse, and “ the lot was so badly, negligently and poorly fenced and secured, through the fault and negligence of the…
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Tort. The first count of the declaration alleged that the plaintiff was owner of a mare, and also of a pasture properly fenced in Wilbraham; that he placed the mare in the pasture; that the defendant was owner of a mule, and also had in his possession to keep for hire a horse of John Fuller, and possessed a lot of land upon which he turned the mule and the horse, and “ the lot was so badly, negligently and poorly fenced and secured, through the fault and negligence of the defendant,” that the mule and horse escaped therefrom, broke into the plaintiff’s pasture, and injured his mare so that…
1Opinion of the CourtColt, J.
The declaration charges the defendant with negligence in turning his mule, and a horse which he was keeping for hire, into a pasture insufficiently fenced. The instructions given at the trial, as to what would be negligence in this regard, were full and accurate. The defendant cannot avoid the liability by showing that the obligation to maintain that part of the fence through which the animals escaped was upon a third party, who owned the adjoining land over which the animals passed on their way to the plaintiff’s pasture. The rights and obligations existing between adjoining owners in…
2Cases cited3 opinions
- Rust v. LowMassachusetts Supreme Judicial Court · 1809
- Eames v. Salem & Lowell RailroadMassachusetts Supreme Judicial Court · 1868
- Barnum v. VandusenSupreme Court of Connecticut · 1844
3Cited by33 opinions
- Linnehan v. SampsonMassachusetts Supreme Judicial Court · 1879
- Marble v. RossMassachusetts Supreme Judicial Court · 1878
- Candler v. SmithCourt of Appeals of Georgia · 1935
- Nashua Iron & Steel Co. v. Worcester & Nashua RailroadSupreme Court of New Hampshire · 1882
- Saldi v. Brighton Stock Yard Co.Massachusetts Supreme Judicial Court · 1962
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