Gregg v. Gregg
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Wayne county. This was an action of trespass, q. c. /., hy Thomas Gregg against Nesbit Gregg, brought to December Term 1864, for injury done by the defendant’s cattle in destroying the plaintiff’s growing oats.
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Error to the Court of Common Pleas of Wayne county. This was an action of trespass, q. c. /., hy Thomas Gregg against Nesbit Gregg, brought to December Term 1864, for injury done by the defendant’s cattle in destroying the plaintiff’s growing oats. By agreement of the parties, the following special verdict was taken:— “ The jury find that the plaintiff had no fence around his field of growing oats, for its protection, it being open to a public road: that the defendant allowed his oxen to run at large, and that they entered the oat-field where there was no fence, and did damage to the…
1Opinion of the Court
*228The opinion of the court was delivered, May 7th 1868, by
Strong, J.
— The common law required every man to keep his cattle within his own close, and treated every intrusion by them upon another’s possession as a trespass. This was a general rule, and so it would doubtless be with us were it not for the operation of our Act of Assembly. True, it has been said a man may suffer his cattle to run at large without incurring any liability for their entry upon unenclosed woodland or waste fields. This is because the damages done are inappreciable, and therefore not to be noticed, or, as was suggested…
2Cases cited8 opinions
- Rust v. LowMassachusetts Supreme Judicial Court · 1809
- Dolph v. FerrisSupreme Court of Pennsylvania · 1844
- Colden v. EldredNew York Supreme Court · 1818
- Shepherd v. HeesNew York Supreme Court · 1815
- Comerford v. DupuyCalifornia Supreme Court · 1861
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Barber v. MenschSupreme Court of Pennsylvania · 1893
- Erdman v. GottshallSuperior Court of Pennsylvania · 1899
- Carey v. SchweitzerSuperior Court of Delaware · 1926
- Stewart v. BenningerSupreme Court of Pennsylvania · 1891