Dixon v. Lewis
Supreme Court of Connecticut
Action to recover damages for the destruction of growing crops and herbage on the plaintiff’s land 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, Kellogg, J.; facts found and judgment rendered for the defendants, and appeal by the plaintiff.
1Opinion of the CourtWheeler, J.
This action is brought to recover damages done the plaintiff’s corn, apples, garden, fruit trees and herbage, by the cattle of the defendants, through their negligence. It is based upon § 5142 of the General Statutes. This section furnishes a recovery of damages for the trespass by animals in four cases: 1. By animals at large contrary to law. 2.
By unruly cattle that are not restrained by ordinary fences. 3. By animals, the owner of which has put them into, or voluntarily allowed them to trespass upon, the enclosure of the plaintiff. 4. By animals that have entered through a part of the fence…
2Cases cited3 opinions
- Baldwin v. EnsignSupreme Court of Connecticut · 1881
- Russell v. ConeSupreme Court of Vermont · 1874
- Eklund v. TonerMichigan Supreme Court · 1899
3Cited by4 opinions
- Johnston v. PoulinSupreme Court of Rhode Island · 2004
- Bertram v. BurtonSupreme Court of Kansas · 1929
- Love v. GrashornCourt of Appeals for the Tenth Circuit · 2025
- Dixon v. LewisSupreme Court of Connecticut · 1921