Luce v. Hoisington
Supreme Court of Vermont
Trespass for taking an ox. Plea, the general issue and notice. Trial by jury, December Term, 1883, Tart., J., presiding. Yerdict for the plaintiff. The defendant was a constable, and attached the ox in contention. The facts are sufficiently stated in the opinion, and in 54 Yt. 428, and 55 Yt. 341, where this case is reported.' Loss of crops and use of land is not the natural and proximate result of the trespass complained of. ‘ 1 Sedg. Dam.
Read the full summary
Trespass for taking an ox. Plea, the general issue and notice. Trial by jury, December Term, 1883, Tart., J., presiding. Yerdict for the plaintiff. The defendant was a constable, and attached the ox in contention. The facts are sufficiently stated in the opinion, and in 54 Yt. 428, and 55 Yt. 341, where this case is reported.' Loss of crops and use of land is not the natural and proximate result of the trespass complained of. ‘ 1 Sedg. Dam. (7th ed.), pp. 144, 149; Ellis v. Cleveland, 55 Yt. 358. The plaintiff could only recover' nominal damages. 2 Sedg. Dam., pp. 418,419 ; Gray v. Stevens,…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The exception to the allowance of damages for the loss of, or failure to raise crops by reason of being deprived of the use of the ox in cultivating the land, is sustained. Such damages wore not the natural and proximate result of the attachment of the ox. The attachment deprived the plaintiff of the use of the ox so long as he was held under the attachment. What the use of the ox was worth during the time he was held under the attachment was the proper measure of the damages for such detention. If the plaintiff, to release the ox, paid for his…
2Cited by9 opinions
- Hayes v. CooleyNorth Dakota Supreme Court · 1904
- Cannon v. Oregon Moline Plow Co.Washington Supreme Court · 1921
- Dexter v. CollinsSupreme Court of Colorado · 1895
- Gooden v. Moses Bros.Supreme Court of Alabama · 1892
- Lyman v. JamesSupreme Court of Vermont · 1914
4 more not listed; retrieve them via the Exa API.