Knox v. Tucker
Supreme Judicial Court of Maine
On Report from Nisi Prius, May, J., presiding; Trespass quare clausum, in which the plaintiff alleged that the defendant’s cattle broke and entered his close. The defence was, that the cattle were lawfully in the adjoining close, and escaped therefrom through the neglect of the plaintiff to maintain his part of the partition fence. It was admitted that the plaintiff was entitled to recover, unless the evidence established the defence.
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On Report from Nisi Prius, May, J., presiding; Trespass quare clausum, in which the plaintiff alleged that the defendant’s cattle broke and entered his close. The defence was, that the cattle were lawfully in the adjoining close, and escaped therefrom through the neglect of the plaintiff to maintain his part of the partition fence. It was admitted that the plaintiff was entitled to recover, unless the evidence established the defence. The evidence was-that, about thirty years before the trial, one Eorbes owned the plaintiff’s lot, and one Roberts the adjoining lot; and at that time, while…
1Opinion of the Court
The opinion of the Court was drawn up by
Kent, J.
It is admitted that the plaintiff is entitled to recover, unless the facts stated by witnesses constitute a defence. The facts alleged, and relied upon are, that the cattle were lawfully on the adjoining close, and, that they escaped therefrom in consequence of the neglect of the plaintiff to maintain his part of the partition fence. R. S., c. 23, §5.
^ It is now the well settled law in this State, and in Massachusetts, that the neglect, which is made a bar to recovery in an action of this kind, can arise only from a division of the fence, either…
2Cases cited1 opinion
- Rust v. LowMassachusetts Supreme Judicial Court · 1809
3Cited by7 opinions
- De Mers v. RohanSupreme Court of Iowa · 1905
- Matthews v. McVayMissouri Court of Appeals · 1950
- Castner v. RiegelSupreme Court of New Jersey · 1892
- Angell v. HillNew York Supreme Court · 1892
- Tillis v. TreadwellSupreme Court of Alabama · 1897
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