Legal Opinion

Jones v. Witherspoon

Supreme Court of North Carolina

Decided August 15, 1860PublishedCited by 2 opinions

Tins was an action of trespass, tried before Heath-, J., at the Spring Term, 1860, of Caldwell Superior Court. The plaintiff declared for, that the defendant so carelessly and negligently kept his horses, mules and other cattle-, that they escaped from his land, went thence upon the plaintiff’s land, then in cultivation, and there injured and destroyed a large quantity of plaintiff’s corn and peas, then in his field maturing.

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Tins was an action of trespass, tried before Heath-, J., at the Spring Term, 1860, of Caldwell Superior Court. The plaintiff declared for, that the defendant so carelessly and negligently kept his horses, mules and other cattle-, that they escaped from his land, went thence upon the plaintiff’s land, then in cultivation, and there injured and destroyed a large quantity of plaintiff’s corn and peas, then in his field maturing. The plaintiff offered evidence to show, and did show, that lie was the owner of a plantation on one side of the Yadkin river, and that the defendant was the owner ©f…

1Opinion of the Court

Manly, J".

The case -made by the transcript from the 'Superior Court of Caldwell is, whether a planter, who has not a fence as required by law, about his cultivated field, nor any navigable or deep water t® serve instead thereof, can recover for a trespass of the defendant’s domestic animals on a field 'thus unprotected. We answer with the Court below, that he cannot.

*557To maintain a liability of the kind, it would' be necessary to hold that the proprietors of such animals are' bound to keep them under restraint and prevent them from going and pasturing on the uninclosed grounds of a neighbor.…

2Cited by2 opinions

  1. State v. . MathisSupreme Court of North Carolina · 1908
  2. Marshburn v. . JonesSupreme Court of North Carolina · 1918

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