Miller v. Horton
Massachusetts Supreme Judicial Court
Tort for killing a horse. Trial in the Superior Court, -without a jury, before Blodgett, J., who allowed a bill of exceptions, in substance as follows.
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Tort for killing a horse. Trial in the Superior Court, -without a jury, before Blodgett, J., who allowed a bill of exceptions, in substance as follows. The defendants admitted that they killed the plaintiff’s horse, and justified the act by showing that, as selectmen and members of the board of health of the town of Rehoboth, they killed the horse in that town, where the plaintiff resided and kept the horse; and that they did it in obedience to an order, of which the following is a copy: “ November 3, 1888. To Board Health of Rehoboth, Gents: The black geld, left hind foot white, belonging to…
1Opinion of the CourtHolmes, J.
This is an action of tort for killing the plaintiff’s horse. The defendants admit the killing, but justify as members of the board of health of the town of Rehoboth, under an order addressed to the board and signed by two of the three commissioners on contagious diseases among domestic animals, *542appointed under tlie St. of 1885, c. 378, and acting under tlie alleged authority of the St. of 1887, c. 252, § 13. This order declared that it was adjudged that the horse had the glanders, and that it was condemned, and directed the defendants to cause it to be killed. The judge before whom the case…
2Cases cited15 opinions
- Matter of Application of JacobsNew York Court of Appeals · 1885
- Mitchell v. HarmonySupreme Court of the United States · 1852
- Rideout v. KnoxMassachusetts Supreme Judicial Court · 1889
- City of Salem v. Eastern RailroadMassachusetts Supreme Judicial Court · 1868
- Blair v. ForehandMassachusetts Supreme Judicial Court · 1868
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3Cited by84 opinions
- Crowell v. BensonSupreme Court of the United States · 1932
- United States v. WelchSupreme Court of the United States · 1910
- Health Department v. Rector of Trinity ChurchNew York Court of Appeals · 1895
- Rupp v. BryantSupreme Court of Florida · 1982
- State v. MainSupreme Court of Connecticut · 1897
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