Stone v. Knapp
Supreme Court of Vermont
Trespass guare clausum fregit Plea, the general issue and license. Trial by jury, June Term, 1855,— Poland, J., presiding.
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Trespass guare clausum fregit Plea, the general issue and license. Trial by jury, June Term, 1855,— Poland, J., presiding. The plaintiff’s evidence tended to prove that in the fall of 1851 the defendant purchased a piece of land near the east village in St. Johnsbury, and erected a house and a coal kiln thereon ; that said land did not lie upon the highway, and that to reach it the defendant had to cross a field of the plaintiff’s, about thirty rods in width ; that the defendant, soon after he erected his house and kiln, went on to the plaintiff’s land, and made a sufficient road to enable…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, Ch. J.
The evidence in this case showed that the plaintiff gave the defendant license to pass and repass on his field and through the bars until he could obtain a public highway.
This being an action of trespass, the answer to this license, which, unanswered, is a bar to the action, was, that the defendant did not keep up the bars, that he left them open during the day, and also the night, and that by reason thereof damage was done by cattle running in the highway.
The only question to be determined is whether the omission to keep up the bars…
2Cases cited1 opinion
- Stoughton v. MottSupreme Court of Vermont · 1853
3Cited by8 opinions
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- Brabazon v. Joannes Bros.Wisconsin Supreme Court · 1939
- French v. HoltSupreme Court of Vermont · 1884
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