Gilman v. Noyes
Supreme Court of New Hampshire
From Coos Circuit Court. Case, for carelessly leaving the plaintiff’s bars down, whereby his cattle and sheep escaped, and he was compelled to expend, and did expend, time and money in hunting for the same, and his sheep were wholly lost. i The evidence tended to show that the defendant, in looking after his own cattle, left the plaintiff’s bars down, and that his cattle, and three sheep belonging to one Marshall, and which the plaintiff was pasturing, were wholly lost.
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From Coos Circuit Court. Case, for carelessly leaving the plaintiff’s bars down, whereby his cattle and sheep escaped, and he was compelled to expend, and did expend, time and money in hunting for the same, and his sheep were wholly lost. i The evidence tended to show that the defendant, in looking after his own cattle, left the plaintiff’s bars down, and that his cattle, and three sheep belonging to one Marshall, and which the plaintiff was pasturing, were wholly lost. The defendant denied that said cattle and sheep escaped through the bars, and introduced evidence tending to show that they…
1Concurrence
I am unable to free my mind from considerable doubt as to the correctness of the ground upon my brethren put the decision of this case.
The defendant requested the court to charge that, if the jury found that the sheep were killed by bears after their escape, the damages would be too remote. This the court declined to do, but did instruct them that if the sheep escaped in consequence of the bars being left down by the defendant, and would not have been killed but for that act of the defendant, he was liable for their value. Both the request and the instruction went upon the ground that the…
2Cases cited3 opinions
- Fent v. Toledo, Peoria & Warsaw Railway Co.Illinois Supreme Court · 1871
- Saxton v. BaconSupreme Court of Vermont · 1859
- Cate v. CateSupreme Court of New Hampshire · 1870