Legal Opinion

Morse v. Crawford

Supreme Court of Vermont

Decided March 15, 1845PublishedCited by 39 opinions

Trover for one ox. Plea, the general issue, and trial by the jury. On trial it was -conceded by the defendant, that, previous to May, 1844, the plaintiff delivered to the defendant a pair of oxen, to be kept by the defendant and worked sufficient to pay for their keeping, and that, on or about the tenth day of May, 1844, the defendant killed one of the oxen, while at work with them, by putting a cord around his neck and strangling him.

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Trover for one ox. Plea, the general issue, and trial by the jury. On trial it was -conceded by the defendant, that, previous to May, 1844, the plaintiff delivered to the defendant a pair of oxen, to be kept by the defendant and worked sufficient to pay for their keeping, and that, on or about the tenth day of May, 1844, the defendant killed one of the oxen, while at work with them, by putting a cord around his neck and strangling him. The defendant’s counsel then introduced testimony,'tending to prove that the defendant, about thirty years ago, was insane, and that he had been insane at…

1Opinion of the Court

The opinion of the court was delivered by

Bennett, J.

No question was made on the trial in regard to the ownnership of the Ox, or as to the fact, that he was killed by the defendant. The oxen, it seems, were bailed by the plaintiff to the defendant, to be used by him to pay for their keeping, and it appears, that while the defendant had them in his possession under this contract, he destroyed one of them by strangling him.

The defence was put upon the ground that the defendant was in*502sane, both at the time of the bailment, and also at the time he killed the ox, and that the plaintiff knew of his…

2Cited by39 opinions

  1. State v. PikeSupreme Court of New Hampshire · 1870
  2. Dwyer v. Bassett & BassettTexas Supreme Court · 1885
  3. Central of Georgia Railway Co. v. HallSupreme Court of Georgia · 1905
  4. Behrens v. McKenzieSupreme Court of Iowa · 1867
  5. Pegram v. StortzWest Virginia Supreme Court · 1888

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