Kelsey v. Rebuzzini
Supreme Court of Connecticut
Action to recover damages for the loss of several heifers through the alleged failure or neglect of the defendant to keep a division fence in repair, brought to and tried by the Court of Common Pleas in New Haven County, Simpson, J.; facts found and judgment rendered for the plaintiff for $209, and appeal by the defendant. Error; judgment directed for defendant. The defendant and one Woodruff were owners of adjoining tracts of land in Guilford.
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Action to recover damages for the loss of several heifers through the alleged failure or neglect of the defendant to keep a division fence in repair, brought to and tried by the Court of Common Pleas in New Haven County, Simpson, J.; facts found and judgment rendered for the plaintiff for $209, and appeal by the defendant. Error; judgment directed for defendant. The defendant and one Woodruff were owners of adjoining tracts of land in Guilford. The boundary line between these tracts was the middle line of a stream known as West River, which flows in a southerly direction. The defendant owned…
1Opinion of the CourtPrentice, C. J.
The plaintiff is not entitled to a judgment against the defendant unless two legal propositions are well founded, to wit: (1) that the defendant owed to him for the protection of his heifers grazing in Woodruff’s pasture from the consequences to them of escape therefrom, the duty of maintaining a sufficient division fence at the point where they made their escape on to the defendant’s premises; and (2) that the breach of this duty, arising from the insufficiency of the fence at the point of escape, was the proximate or legal cause of the loss, which befell him through the death of his heifers.
2Cases cited5 opinions
- Lake v. Atlantic WorksMassachusetts Supreme Judicial Court · 1872
- Monroe v. Hartford Street Railway Co.Supreme Court of Connecticut · 1903
- Smithwick v. Hall & Upson Co.Supreme Court of Connecticut · 1890
- Smith v. Connecticut Railway & Lighting Co.Supreme Court of Connecticut · 1907
- Swayne v. Connecticut Co.Supreme Court of Connecticut · 1913
3Cited by12 opinions
- Ferino v. PalmerSupreme Court of Connecticut · 1947
- State v. DouglasSouth Dakota Supreme Court · 1944
- In Re BensonSupreme Court of Oklahoma · 1936
- Pettes v. JonesNew Mexico Supreme Court · 1937
- Wallace v. Electric Power BoardCourt of Appeals of Tennessee · 1953
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