Carpenter v. Cook
Supreme Court of Vermont
Trespass quare clausum. Heard at the June term, 1894, Orange county, Ross, C. J., presiding, upon demurrer to the defendant’s rejoinder. Adjudged that the plaintiff’s replication is insufficient. The plaintiff excepts. Exceptions passed to supreme court before final judgment. At common law the owner of cattle must restrain them from running at large. Hurd v. Rut. & Bur. Rd. Co., 25 Vt. 109, 122; Holladay v. Marsh, 3 Wend. 142; The Tonawando Rd.
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Trespass quare clausum. Heard at the June term, 1894, Orange county, Ross, C. J., presiding, upon demurrer to the defendant’s rejoinder. Adjudged that the plaintiff’s replication is insufficient. The plaintiff excepts. Exceptions passed to supreme court before final judgment. At common law the owner of cattle must restrain them from running at large. Hurd v. Rut. & Bur. Rd. Co., 25 Vt. 109, 122; Holladay v. Marsh, 3 Wend. 142; The Tonawando Rd. Co. v. Munger, 5 Denio 255 ; Keenan et ux. v. Cavanaugh, 44 Vt. 268. Neither was the owner bound to fénce against a highway. Holden v. Skattuck, 34…
1Opinion of the CourtRowell, J.
This is an action of trespass to land with cattle. The question arises on demurrer to the rejoinder to the replication to the third plea. Said plea alleges that the defendant had a close adjoining the plaintiff’s close in which, etc., and that for more than fifteen years before the commencement of this suit a fence had been maintained between said closes, and that for a like space of time a gateway and a gate had been maintained for the plaintiff’s convenience through said fence to his dooryard, which said gate had all that time been built, maintained, and kept in repair by the plaintiff and…
2Cases cited1 opinion
- Wolcott v. WhitcombSupreme Court of Vermont · 1867
3Cited by1 opinion
- Payne v. GouldSupreme Court of Vermont · 1902