Scott v. Grover
Supreme Court of Vermont
Heard on tbe report of referees, September Term, 1882. Roycb, Ch. J., presiding. Judgment for the plaintiff. The facts are sufficiently stated in the opinion. There can be no recovery, if the bull escaped over that portion of the fence which the plaintiff was bound to build, and which was out of repair. Tapper v. Clark, 43 Vt. 200; Keenan and wife v. Gavenaugh, 44 Vt. 268 ; Trow v. Yt. G. li.
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Heard on tbe report of referees, September Term, 1882. Roycb, Ch. J., presiding. Judgment for the plaintiff. The facts are sufficiently stated in the opinion. There can be no recovery, if the bull escaped over that portion of the fence which the plaintiff was bound to build, and which was out of repair. Tapper v. Clark, 43 Vt. 200; Keenan and wife v. Gavenaugh, 44 Vt. 268 ; Trow v. Yt. G. li. JR. Go. 24 Vt.487 ; Cowles v. Balsar, 47 Barb. 562 ; Page v. Olcott, 13 N. H. 399; York v. Davis, 11 N. H. 241; Saxton v. Bacon, 31 Vt. 541; Jackson v. JR. R. Go. 25 Vt. 160. The testimony was admissible…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The plaintiff and defendants in the season of 1881 owned and occupied adjoining farms. Their pastures were separated by a division lino fence. The statute places the burden and duty of erecting and maintaining such division fence, upon such owners and occupiers jointly and equally. R. L. s. 3179. It points out a method by which they may make a permanent division of such fence, so as not only to bind them, but also their successors.. R..L. ss. 3187, 3190. They may also, by an agreement, which will not bind their successors, because not made and…
2Cases cited6 opinions
- Hurd v. Rutland & Burlington RailroadSupreme Court of Vermont · 1853
- Dolph v. FerrisSupreme Court of Pennsylvania · 1844
- Chunot v. LarsonWisconsin Supreme Court · 1878
- Keenan v. CavanaughSupreme Court of Vermont · 1872
- Tupper v. ClarkSupreme Court of Vermont · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Clarendon Land Investment & Agency Co. v. McClelland Bros.Texas Supreme Court · 1896
- Choquette v. PerraultSupreme Court of Vermont · 1989
- Hughey v. Fergus CountyMontana Supreme Court · 1934
- Tsuboi v. CohnIdaho Supreme Court · 1924
- Blood v. SpauldingSupreme Court of Vermont · 1885
1 more not listed; retrieve them via the Exa API.