Harrison v. McClellan
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, John McClellan and another, from a judgment of the County Court of Otsego county in favor of thé plaintiff, entered in the office of the clerk of said county on the 22d day of September, 1909, upon an order of said County Court entered on the 10th day of September,- 1909, affirming the judgment of a Justice’s Court, the appeal having been taken from said court upon questions of law only, and also (as stated in the notice of appeal) from said order…
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Appeal by the defendants, John McClellan and another, from a judgment of the County Court of Otsego county in favor of thé plaintiff, entered in the office of the clerk of said county on the 22d day of September, 1909, upon an order of said County Court entered on the 10th day of September,- 1909, affirming the judgment of a Justice’s Court, the appeal having been taken from said court upon questions of law only, and also (as stated in the notice of appeal) from said order of affirmance. Cattle from the farm owned by the defendants McClellan trespassed upon the plaintiff’s farm and injured…
1Opinion of the Court
Kellogg, J.:
It is apparent from the agreement or lease that the defendants McClellan had no right to dictate in what fields, in what manner or at what time the cattle should be pastured, or what - cafe should be taken of them to prevent their escape. Those matters were left solely with the tenant. He was" carrying on the farm and had • exclusive control of the farm and the stock except as otherwise provided in the lease ; the McClellans were only interested in one-half the results which came' from his management.
It is not always easy to determine the relative rights of the owner and the…
2Cases cited5 opinions
- Partenheimer v. Van OrderNew York Supreme Court · 1855
- Marsh v. . HandNew York Court of Appeals · 1890
- Wood v. . SniderNew York Court of Appeals · 1907
- Van Slyck v. SnellNew York Supreme Court · 1872
- Lettis v. HorningNew York Supreme Court · 1893
3Cited by2 opinions
- Reuter v. SwarthoutWisconsin Supreme Court · 1924
- Claim of Pestlin v. Haxton Canning Co.Appellate Division of the Supreme Court of the State of New York · 1948