Hartford v. Brady
Massachusetts Supreme Judicial Court
Tort for damage done by the defendant’s cattle. The first count in the declaration, which was the count on which the plaintiff relied, was as follows : “And the plaintiff says that November 21, 1871, he was, and ever since has been, law fully seised and possessed of a certain tract of land in Watertown, [describing it.] And the plaintiff says, that the defendant, November 21, 1871, at said Watertown, had in his possession a certain number of cattle, to wit, fifty; and that…
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Tort for damage done by the defendant’s cattle. The first count in the declaration, which was the count on which the plaintiff relied, was as follows : “And the plaintiff says that November 21, 1871, he was, and ever since has been, law fully seised and possessed of a certain tract of land in Watertown, [describing it.] And the plaintiff says, that the defendant, November 21, 1871, at said Watertown, had in his possession a certain number of cattle, to wit, fifty; and that said Brady had the care, government and direction of said drove of cattle, which were being driven from said Watertown to…
1Opinion of the CourtDevens, J.
Inasmuch as the highways have been set apart, among other things, that cattle may be driven thereon, and as, from the nature of such animals, it is impossible, even with care, to keep them upon the highways, unless the adjoining land is properly fenced, it has been settled that the owner of unfenced lands upon such ways cannot seize as damage feasant, or sustain an action for the injury caused by, cattle that wander thereupon, if reasonable care has been used in driving them along the highway, or if they have so escaped, having been properly managed, if reasonable effort has been made to…
2Cases cited1 opinion
- Stackpole v. HealyMassachusetts Supreme Judicial Court · 1819
3Cited by8 opinions
- Birmingham Ry., Light & Power Co. v. MilbratSupreme Court of Alabama · 1917
- Boutwell v. Champlain Realty Co.Supreme Court of Vermont · 1915
- Keith v. MaguireMassachusetts Supreme Judicial Court · 1898
- People Ex Rel. Hart v. Village of LombardIllinois Supreme Court · 1925
- Baxter v. MooreIndiana Court of Appeals · 1914
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