Clark v. Adams
Supreme Court of Vermont
Trespass for chasing and worrying cattle with the dog of the defendants, thereby causing the death of a certain heifer. Plea, the general issue, and trial by jury, — Bennett, J., presiding.
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Trespass for chasing and worrying cattle with the dog of the defendants, thereby causing the death of a certain heifer. Plea, the general issue, and trial by jury, — Bennett, J., presiding. On trial the plaintiff gave evidence, tending to prove, that on the eighth day of June, 1843, and for a long time previous thereto, the defendants occupied and improved a piece of land, which was properly fenced on three sides, but was not separated, on the fourth side, by any fence, from a'large piece of wood land, owned by another person, who bad never enclosed the same, but suffered it to lie common ;…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
The only questions litigated at the trial appear to have been, whether the defendants had a legal right to set their dog upon the cattle, and whether the right was properly exercised, if they possessed it. And as no objection was then taken to the defendant’s evidence, for want of a special justification, nor any question raised as to the effect of the pleadings, it is now too late to start objections on that ground. It is true, that, by the case as originally certified and first presented to this court, I should have felt constrained to say,…
2Cited by6 opinions
- Woodcock's Admr. v. HallockSupreme Court of Vermont · 1925
- Brinck v. CollierSupreme Court of Missouri · 1874
- Russell v. HanleySupreme Court of Iowa · 1866
- Tobin v. DealWisconsin Supreme Court · 1884
- Davis v. CampbellSupreme Court of Vermont · 1851
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