Smith v. Jaques
Supreme Court of Connecticut
This was an action of trespass quart clausum fregit, against Amos Jaques and Fenner Jaques, alleging, that the defendants, on the 15th of July, 1825, with force and arms, broke and entered into and upon the plaintiff’s land, (previously described) and with horses and cattle, owned by the defendants, trode down, eat and consumed the corn and grass then and there growing.
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This was an action of trespass quart clausum fregit, against Amos Jaques and Fenner Jaques, alleging, that the defendants, on the 15th of July, 1825, with force and arms, broke and entered into and upon the plaintiff’s land, (previously described) and with horses and cattle, owned by the defendants, trode down, eat and consumed the corn and grass then and there growing. The defendants pleaded severally Not guilty, and the cause was tried at Brooklyn, January term, 1827, before Daggett, J. The plaintiff introduced testimony to prove the facts alleged in his declaration, and that the fence…
1Opinion of the CourtDaggett, J.
The question to be decided, arises on the 21st section of the statute entitled “ An Act concerning Fences and common Fields,” which is in these words : “ All damage done *532by cattle, horses, sheep or swine, when the fence is sufficient, shall be paid by the owners of them.” Stat. 218. If these cattle and horses were jointly used and possessed, by the defendants, living together, and occupying the same farm, were they the owners of them, within the meaning of the statute? On this point, I am satisfied, that the charge was correct. However the law might be as to a possession for a few hours, yet…
2Cited by3 opinions
- Moulton v. MooreSupreme Court of Vermont · 1884
- Laflin v. SvobodaNebraska Supreme Court · 1893
- Weymouth v. GileSupreme Judicial Court of Maine · 1881