Gardner v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort, the declaration alleging that the plaintiffs owned pasture land in Swansea which they used for pasturing cows and which adjoined premises owned and occupied by the defendant, that without the knowledge of the plaintiffs the defendant by its agents and employees negligently and wrongfully threw upon such pasture land of the plaintiffs poisonous substances whereby three heifers belonging to the plaintiffs were poisoned and caused to die.
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Tort, the declaration alleging that the plaintiffs owned pasture land in Swansea which they used for pasturing cows and which adjoined premises owned and occupied by the defendant, that without the knowledge of the plaintiffs the defendant by its agents and employees negligently and wrongfully threw upon such pasture land of the plaintiffs poisonous substances whereby three heifers belonging to the plaintiffs were poisoned and caused to die. Writ dated October 26, 1914. In the Superior Court the case was tried before Morton, J. At the close of the plaintiffs’ evidence, which is described in…
1Opinion of the CourtDe Courcy, J.
This action of tort was brought to recover from the defendant for the loss of three heifers. The contention of the plaintiffs is, that the cattle were poisoned by eating arsenate of lead, alleged to have been negligently and wrongfully placed on the plaintiffs’ pasture land by agents and employees of the defendant.
The station lot of the defendant in the town of Swansea was bounded on the south by the railroad right of way, on the west by Gardners Neck road, and on the north and east by the pasture lot of the plaintiffs. In the latter part of August, 1914, two heifers, which the plaintiffs…
2Cases cited3 opinions
- Bigwood v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1911
- Lyford v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1917
- McCulloch v. Inhabitants of NeedhamMassachusetts Supreme Judicial Court · 1914
3Cited by1 opinion
- Lione v. Hudson Chester Granite Co.Massachusetts Supreme Judicial Court · 1925