Russell v. Cone
Supreme Court of Vermont
This was an action brought upon § 29, ch. 100, of the Gen. Sts., to recover the penalty thereby imposed for suffering neat cattle, &c., to run at large in the public highway. Plea, not guilty, and trial by jury, Wheeler, J., presiding.
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This was an action brought upon § 29, ch. 100, of the Gen. Sts., to recover the penalty thereby imposed for suffering neat cattle, &c., to run at large in the public highway. Plea, not guilty, and trial by jury, Wheeler, J., presiding. Upon the trial, the plaintiff introduced evidence tending to show that the defendant suffered his cattle to go at large in the highway, contrary to the provisions of said statute, and also tending to show that the defendant on several occasions within the time covered by the declaration, took his horse and rode it from his house, situated on the highway in…
1Opinion of the Court
*604The opinion of the court was delivered by
Peck, J.
The action is to recover the penalty imposed by § 29 of ch. 100, Gen. Sts., which provides that, “ any person who shall suffer any neat cattle, horses, sheep, or hogs, to run at large in the public highway, except on his own premises, shall, for every such offence wilfully committed, forfeit and pay a fine of not less than one dollar, nor more than five dollars, to be recovered in an action founded on this statute,” half to be paid to the town where the animals are found running at large, and half to the prosecutor. The question reserved is,…
2Cited by9 opinions
- Wright v. ClarkSupreme Court of Vermont · 1877
- Johnston v. PoulinSupreme Court of Rhode Island · 2004
- Debuck v. GaddeAppellate Court of Illinois · 1943
- Beeson v. TiceIndiana Court of Appeals · 1896
- Eklund v. TonerMichigan Supreme Court · 1899
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