Lord v. Wormword
Supreme Judicial Court of Maine
This is an action of trespass quare clausum, and the following are the facts agreed. The plaintiff’s close is a tract of salt marsh ; and the defendant’s cattle passed from the highway across a tract of uncultivated land, the same being woodland owned by one Dependance Wells, which is unfenced ; thence across a tract of salt marsh owned by one Doyle, unfenced, to the land of the plaintiff, also unfenced.
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This is an action of trespass quare clausum, and the following are the facts agreed. The plaintiff’s close is a tract of salt marsh ; and the defendant’s cattle passed from the highway across a tract of uncultivated land, the same being woodland owned by one Dependance Wells, which is unfenced ; thence across a tract of salt marsh owned by one Doyle, unfenced, to the land of the plaintiff, also unfenced. The town of Kennebunk at its previous annual meeting, “ voted that neat cattle be allowed to go at large in school district, No 4.” The highway referred to and all the closes are in that…
1Opinion of the CourtWells, J.
The plaintiff’s close is a tract of salt marsh, not fenced, the cattle of the defendants passed from the highway across a tract of woodland owned by Dependance Wells, and not fenced, thence across a salt marsh, not fenced, belonging to one Doyle, to the close of the plaintiff. The cattle, by a vote of the town of Kennebunk, were allowed to run at large in the highway, from which they passed on to the land of Wells.
At common law the tenant of a close was not obliged to fence against an adjoining close, unless by force of prescription, but he was, at his peril, to keep his cattle on his own…
2Cases cited2 opinions
- Stackpole v. HealyMassachusetts Supreme Judicial Court · 1819
- Rust v. LowMassachusetts Supreme Judicial Court · 1809
3Cited by4 opinions
- Giles v. Boston & Maine RailroadSupreme Court of New Hampshire · 1875
- Chapin v. Sullivan RailroadSupreme Court of New Hampshire · 1859
- Cornwall v. Sullivan RailroadSuperior Court of New Hampshire · 1854
- Lawrence v. CombsSupreme Court of New Hampshire · 1858