Hine v. Wooding
Supreme Court of Connecticut
Trespass qu. el. fr., appealed from a justice of the peace, and tried to the jury, in the Court of Common Pleas in New Haven county, on the general issue with notice, before Bronson, J. The trespass was committed by three horses of the defendant in a close of the plaintiff, into which they escaped from a contiguous close of the defendant.
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Trespass qu. el. fr., appealed from a justice of the peace, and tried to the jury, in the Court of Common Pleas in New Haven county, on the general issue with notice, before Bronson, J. The trespass was committed by three horses of the defendant in a close of the plaintiff, into which they escaped from a contiguous close of the defendant. It was proved that the horses got in over a part of the division fence which it was the duty of the plaintiff to maintain; and the defendant claimed that this part of the fence was less in height than a lawful fence of four and a half feet! The plaintiff…
1Opinion of the Court
Butleb, O. J.
The evidence offered to prove that one of the horses in leaving the plaintiff’s close did not jump over the deficient part of the fence, but over the lawful fence, and eighteen inches above it, was properly admitted. It certainly tended to show that the animal was accustomed to jump fences, and was unruly. The objection that it was after the trespass had been committed was not well taken. No time had elapsed, from the time he jumped in, before ho jumped out, during which he could have learned to be unruly, nor had he any opportunity to acquire the vice.
The only other question…
2Cases cited1 opinion
- Barnum v. VandusenSupreme Court of Connecticut · 1844
3Cited by3 opinions
- Feuer v. HendersonSupreme Court of Connecticut · 1980
- Hull v. DouglassSupreme Court of Connecticut · 1906
- Cooke v. McShaneSupreme Court of Connecticut · 1928