Town v. Lamphire
Supreme Court of Vermont
Case, to recover the penalty imposed by the statute for not restraining rams. Plea, not guilty, with notice of special matter in defense. Trial by jury at the MayTerm, 1862, Barrett, J., presiding.
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Case, to recover the penalty imposed by the statute for not restraining rams. Plea, not guilty, with notice of special matter in defense. Trial by jury at the MayTerm, 1862, Barrett, J., presiding. The plaintiff testified that in the month of August, 1857, he found the defendant’s ram in his pasture with his sheep ; his testimony further tended to show that the ram escaped from the pasture of one Shattuck which adjoined the plaintiff’s pasture where the ram was found with his sheep. It appeared that the defendant had procured the ram to be kept in Shattuck’s pasture during the pasture season…
1Opinion of the CourtKellogg, J.
This is an action for the recovery of the penalty provided by the statute, (Acts of 1856, No. 54,- p. 58,) for the restraining of rams from running at large. The statute provides that “ if any ram or rams shall be found with the- sheep of any other person,” betwefen the first day of August and the first day of 'December in any year, '“the owner or keeper of such sheep may recover of the owner or keeper of such ram or rams,” a penalty of five dollars “ for not restraining” such ram or rams from going at large. The evidence on the trial tended to show that the ram escaped into the inclosure,…
2Cases cited1 opinion
- Hall v. AdamsSupreme Court of Vermont · 1826
3Cited by1 opinion
- Phelps v. ParisSupreme Court of Vermont · 1867