Fisher v. Clark
New York Supreme Court
THIS action was brought by the plaintiff, in a justice’s court, to recover damages upon the following facts: The parties were farmers occupying adjoining farms. Each had a flock of sheep; those of the defendant had a contagious disease known as the scab, and the fact of the disease and its character were well known to the defendant.
Read the full summary
THIS action was brought by the plaintiff, in a justice’s court, to recover damages upon the following facts: The parties were farmers occupying adjoining farms. Each had a flock of sheep; those of the defendant had a contagious disease known as the scab, and the fact of the disease and its character were well known to the defendant. The defendant sent word to the plaintiff that he intended to turn this flock of diseased sheep in his own field next to the field of the plaintiff, where the sheep of the plaintiff were pasturing. The plaintiff thereupon called on him and told him he must not do…
1Opinion of the Court
By the Court, E. Darwin Smith, J.
It is well settled that every man has the absolute right to use his own property as he pleases, for all the purposes to which such property is usually applied, without being answerable for the consequences, provided he exercises proper care and skill to prevent any unnecessary injury to others. (4 Coms. 202.) This right to use his property as he pleases is unlimited and unqualified, up to the point where the particular use becomes a nui*331sanee. (22 Barb. 297. Picard v. Collins, 23 id. 444.) The complaint in this action, before the justice, stated that the…
2Cases cited7 opinions
- Fish v. DodgeNew York Supreme Court · 1847
- Mahan v. BrownNew York Supreme Court · 1835
- Catlin v. ValentineNew York Court of Chancery · 1842
- Brady v. WeeksNew York Supreme Court · 1848
- Carhart v. Auburn Gas Light Co.New York Supreme Court · 1866
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Fleming v. LockwoodMontana Supreme Court · 1907
- Dutton v. Rocky Mountain PhosphatesMontana Supreme Court · 1968
- Clarendon Land Investment & Agency Co. v. McClelland Bros.Texas Supreme Court · 1896
- Langer v. GoodeNorth Dakota Supreme Court · 1911
- Carroll v. Township of RyeNorth Dakota Supreme Court · 1904
3 more not listed; retrieve them via the Exa API.