Noyes v. Colby
Superior Court of New Hampshire
Trespass, for breaking and entering the close of the plaintiff, situated in Franklin. Plea, the general issue. The close was not described by boundaries or abuttals, but was called merely the plaintiff’s close in Franklin. The defendant moved that the writ be quashed, but the motion was overruled by the.court.' The plaintiff proved that towards night, on Sunday the 27th of June, the defendant’s cow was upon his premises grazing, between his house and stable.
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Trespass, for breaking and entering the close of the plaintiff, situated in Franklin. Plea, the general issue. The close was not described by boundaries or abuttals, but was called merely the plaintiff’s close in Franklin. The defendant moved that the writ be quashed, but the motion was overruled by the.court.' The plaintiff proved that towards night, on Sunday the 27th of June, the defendant’s cow was upon his premises grazing, between his house and stable. There was no fence between his land and the highway. The defendant then proposed to prove that, at that time he pastured his cow in a…
1Opinion of the CourtWoods, C. J.
“Aman is answerable for not only his ■ own trespass, but that of his cattle also; for if by his negligent keeping, they stray upon the land of another, (and *153much more if he permits or drives them on,) and they there tread down his neighbor’s herbage, and spoil his corn or his trees, this is a trespass for which the owner must answer in damages.” 3 Black. Com. 211. Such is the law as stated in the words of the author of the commentaries, which are themselves very high authority on such subjects, and such has been the uniform practice and understanding of the law in all times, so far as the…
2Cases cited2 opinions
- Tewksbury v. BucklinSuperior Court of New Hampshire · 1835
- Wheeler v. RowellSuperior Court of New Hampshire · 1833
3Cited by1 opinion
- McIntire v. PlaistedSupreme Court of New Hampshire · 1876