Dixon v. Lewis
Supreme Court of Connecticut
Action to recover damages for the destruction of growing crops and herbage on the plaintiff’s land, insufficiently fenced, by the trespass thereon of the defendants’ cattle, alleged to be due to the defendants’ negligence, brought by appeal from a judgment of a justice of the peace to, and tried by, the Superior Court in Windham County, Malibie, J.; facts found and judgment rendered for the defendants, and appeal by the plaintiff.
1Per curiam
This action was before this court on a former appeal, and a new trial was ordered. Dixon v. Lends, 94 Conn. 548, 109 Atl. 809. We then stated that, under § 5142 of the General Statutes, where animals do damage in an enclosure through the insufficiency of the fence about it, a recovery could be had for damage done: first, by animals at large contrary to law; second, by unruly cattle that are not restrained by ordinary fences; third, by. animals whose owner has put them into, or voluntarily allowed them. to trespass upon, the enclosure; fourth, by animals that have entered through a part of the…
2Cases cited1 opinion
- Dixon v. LewisSupreme Court of Connecticut · 1920
3Cited by2 opinions
- Hammarlund v. TroianoSupreme Court of Connecticut · 1959
- Lavitt v. AberleSupreme Court of Connecticut · 1957