Woodruff v. Neal
Supreme Court of Connecticut
Replevin. The defendant had impounded the cow of the plaintiff, which was grazing in the highway in front of the defendant’s land. The plaintiff claimed the right to depasture his cow in the public highways of the town, under a by-law of the town and a license of the selectmen.
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Replevin. The defendant had impounded the cow of the plaintiff, which was grazing in the highway in front of the defendant’s land. The plaintiff claimed the right to depasture his cow in the public highways of the town, under a by-law of the town and a license of the selectmen. The by-law of the town was as follows: “ That it shall be lawful for the selectmen or either of them, to give a written license to any inhabitant of the town, to pasture one cow belonging to such inhabitant on the highways and unenclosed lands in the town, from the first day of May to the first day of November in each…
1Opinion of the CourtStorks, C. J.
The defendant being the owner in fee of the land upon which the plaintiff's cow was depasturing, plainly had a lawful right to take and impound it, unless the plaintiff was justified in placing the cow there for the purpose of depasturing, by virtue, either of said land having been laid out for a highway, or of the license given to him for that purpose by the selectmen of the town of Southington, pursuant to the by-law authorizing them to grant such license. In regard to the first of those grounds of justification, it has not been strenuously relied upon by the plaintiff, and clearly can not…
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