Rossell v. Cottom
Supreme Court of Pennsylvania
Error to the Common Pleas of Fayette county. This was an action of trespass, originally brought before a justice of the peace, by John Cottom against Henry Eossell, to recover damages occasioned by the defendant’s cattle breaking into the plaintiff’s wheat field and destroying his wheat.
Read the full summary
Error to the Common Pleas of Fayette county. This was an action of trespass, originally brought before a justice of the peace, by John Cottom against Henry Eossell, to recover damages occasioned by the defendant’s cattle breaking into the plaintiff’s wheat field and destroying his wheat. The case came into the Common Pleas by appeal; and on the trial, it appeared that the cattle, at the time of the injury complained of, were in the possession of one Alexander M. Hill, under a contract for agistment. The defendant’s counsel requested the court below to charge the jury “that if the cattle of…
1Opinion of the Court
The opinion of the court was delivered by
Thompson, J.
The law seems to be settled, that the owner of a beast prone to commit trespasses is liable for injuries resulting from such propensity, such as breaking into enclosures, and consuming and destroying grain, grass, herbage, &c.: 3 Bl. Com. 211; Bac. Abr. title Trespass, G. So, where a bull broke into an enclosure, and gored a horse that he died: 7 W. & S. 369. So, in case of a dog killing sheep: 7 Barr 254. So, too, in case of a horse permitted to run in the streets of a city, which, in its gambols, kicked and injured a .person ; 3 Harris…
2Cases cited1 opinion
- Dolph v. FerrisSupreme Court of Pennsylvania · 1844
3Cited by6 opinions
- Troth v. WillsSuperior Court of Pennsylvania · 1898
- Erdman v. GottshallSuperior Court of Pennsylvania · 1899
- Ramsey v. MartinSuperior Court of Pennsylvania · 1911
- Bosley v. AndrewsSuperior Court of Pennsylvania · 1957
- Consylman Et Ux. v. GarrettSuperior Court of Pennsylvania · 1949
1 more not listed; retrieve them via the Exa API.