Cate v. Cate
Supreme Court of New Hampshire
The responsibility arising from a neglect to repair fences is not limited to injuries to the land itselfi but may extend to injuries to cattle. Trespass, by Andrew J. Cate v. Edwin E. Cate and William Cate. It appeared that Andrew J. Cate and Edwin E. Cate owned adjoining farms, and that the fence had been divided, and that Andrew’s cow, while upon Edwin’s land, was bitten by a dog.
Read the full summary
The responsibility arising from a neglect to repair fences is not limited to injuries to the land itselfi but may extend to injuries to cattle. Trespass, by Andrew J. Cate v. Edwin E. Cate and William Cate. It appeared that Andrew J. Cate and Edwin E. Cate owned adjoining farms, and that the fence had been divided, and that Andrew’s cow, while upon Edwin’s land, was bitten by a dog. Plaintiff offered evidence tending to show that the cow got into Edwin’s field by passing over Edwin’s defective fence. Subject to exception, the jury were instructed pro forma, that if Edwin’s fence was…
1Opinion of the CourtBellows, C. J.
The case is simply this : That plaintiff's cow escaped into defendant’s land through defect of fence which the latter was bound to repair, and was there bitten by a dog; but it does not appear who owned the dog, or whether he was habitually there, or -was or was not accustomed to bite, but he was not encouraged by defendants to bite plaintiff’s cow in this instance.
There is nothing then to show that such an injury was or was not reasonably to be apprehended from the defendant’s omission, and that question was not left to the jury. Eor that reason the verdict was set-aside in Saxton v. Bacon,…
2Cases cited6 opinions
- Vandenburgh v. TruaxNew York Supreme Court · 1847
- Jeffrey v. BigelowNew York Supreme Court · 1835
- Barnum v. VandusenSupreme Court of Connecticut · 1844
- Saxton v. BaconSupreme Court of Vermont · 1859
- Durkee v. City of BarreSupreme Court of Vermont · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Gilman v. NoyesSupreme Court of New Hampshire · 1876
- Gilman v. NoyesSupreme Court of New Hampshire · 1876
- Stark v. LancasterSupreme Court of New Hampshire · 1876