Bush v. Brainard
New York Supreme Court
Case, by Brainard against Bush, who made maple sugar . , . ° 1 ° in an unenclosed piece of woodland, 60 or 70 rods from one residence, who kept Brainard?s cow, which, with 0. B's cattle, ran at large in the woods, and Bush knew that 0. S’s cattle so ran at large.
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Case, by Brainard against Bush, who made maple sugar . , . ° 1 ° in an unenclosed piece of woodland, 60 or 70 rods from one residence, who kept Brainard?s cow, which, with 0. B's cattle, ran at large in the woods, and Bush knew that 0. S’s cattle so ran at large. Bush left some buckets of syrup ™ su§ar wori under an unenclosed shed, to which Brainard?s cow came in the night, and drank, which, caused her ^ea^- There was no evidence of any town by-law, permitting cattle to run at large, nor any evidence of Bush's consent that these cattle, or cattle generally, might run upon his premises.…
1Opinion of the Court
Savage Ch. J.
Sic utere tuo, ut non alienum lcedas, is a sound as well as an ancient maxim. But in all cases, where damages are sustained by the plaintiff, in consequence of the use which the defendant makes of his own property, it is necessary to inquire, not only whether the defendant has been guilty of culpable negligence on his part, but whether the plaintiff is free from a similar charge. In the case of Blyth v. Topham, (Cro. Jac. 158, 9,) the defendant digged a pit in a common, and the plaintiff’s mare, being straying there, fell into the pit and perished. The Court held that no action…
2Cases cited12 opinions
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