Deyo v. Stewart
New York Supreme Court
Error to the Saratoga common pleas. Deyo sued Stewai t in a justice’s court in trespass, for an injury committed on his land by the defendant’s cattle; and on not guilty pleaded, with notice of special matter, the plaintiff obtained judgment, which was reversed by the common pleas on certiorari.
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Error to the Saratoga common pleas. Deyo sued Stewai t in a justice’s court in trespass, for an injury committed on his land by the defendant’s cattle; and on not guilty pleaded, with notice of special matter, the plaintiff obtained judgment, which was reversed by the common pleas on certiorari. It appeared from the return of the justice that the parties owned adjoining farms, and it was shown that the defendant’s cattle had been seen in the plaintiff’s field adjacent to the farm of the defendant. There was evidence tending to show that the parties had appoi tioned the division fence; the…
1Opinion of the Court
By the Court, Beardsley, J.
Upon the evidence the ustice might very well find that the plaintiff was bound to maintain the division fence north of the cherry tree, and the defendant that on the south. There was evidence also which went to show that both parts of the fence were somewhat out of repair, although the northerly part seems to have been in the worst condition of the two. There is no evidence to show with any thing like certainty, over which part of the fence the cattle passed; the fact, indeed, is left altogether in doubt. If it was material to the defence interposed by the defendant…
2Cases cited1 opinion
- Van Wyck v. SewardNew York Supreme Court · 1837
3Cited by6 opinions
- Talmadge v. Rensselaer & Saratoga RailroadNew York Supreme Court · 1852
- Angell v. HillNew York Supreme Court · 1892
- Phillips v. CovellNew York Supreme Court · 1894
- Angell v. HillNew York Court of Common Pleas · 1892
- Lawrence v. CombsSupreme Court of New Hampshire · 1858
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