Jones v. . Sheldon
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Oourt in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon the decision of the court at circuit upon trial without a jury. This action was brought to recover damages for an alleged conversion of ten .cows.
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Appeal from judgment of the General Term of the Supreme Oourt in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon the decision of the court at circuit upon trial without a jury. This action was brought to recover damages for an alleged conversion of ten .cows. Plaintiff’s testator, William Whit-more and defendant were the owners of adjoining.lands; ten cows belonging to Whitmore broke through the division fence and trespassed upon the lands of defendant, who seized them and caused them to be sold, in proceedings conducted according to the requirements of…
1Opinion of the CourtBeckham, J.
The question involved is whether the act amending the act “to prevent animals from running at large in the public highways,” passed in 1867, provides a remedy for injuries by cattle, etc., escaping on to a lot through a division fence, and not from the highway.
In this case the cattle so escaped, and the party trespassed • upon seized them under that statute, and they were sold. The owner brought an action for their seizure, and the defendant, after a general denial, set up their seizure, etc., under this act, alleging that they escaped on to his premises through a defect in a part of the…
2Cited by9 opinions
- People v. O'NeilNew York Supreme Court · 1889
- Leavitt v. . ThompsonNew York Court of Appeals · 1873
- Howe's Cave Lime & Cement Co. v. Howe's Cave Ass'nNew York Supreme Court · 1895
- McDonald v. MayorNew York Circuit Court · 1889
- Coles v. BurnsNew York Supreme Court · 1880
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