Tewksbury v. Bucklin
Superior Court of New Hampshire
. This was an action of trespass, for breaking and ,entering the plaintiff’s close in Grafton, and with cattle doing damage there. . , ‘ . The cause was tried upon the general issue at the September sittings, 1834, when It appeared, that the plaintiff was seized and possessed of the locus in quo, and that the defendant was seized and possessed of another close adjoining that of the plaintiff, and that on the 20th July, 1830, two oxen, which were then kept in the close of the…
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. This was an action of trespass, for breaking and ,entering the plaintiff’s close in Grafton, and with cattle doing damage there. . , ‘ . The cause was tried upon the general issue at the September sittings, 1834, when It appeared, that the plaintiff was seized and possessed of the locus in quo, and that the defendant was seized and possessed of another close adjoining that of the plaintiff, and that on the 20th July, 1830, two oxen, which were then kept in the close of the defendant, broke into the close of the plaintiff, and did damage there. It appeared that the oxen belonged to James…
1Opinion of the CourtGreen, J.
It has been urged in the argument, that this action cannot be maintained, because the damage happened through defect of fences which both parties were equally bound to repair ; and the case of. Avery vs. Maxwell has been cited to sustain this ground of defence. But that case does not apply here. That was á case where the animal broke from the. highway into the plaintiff’s enclosure, which is governed by a different rule from cases where animals break from the enclosure of the owner into an adjoining close of another person. 4 N. H. R. 515; 6 Mass. R. 96; 1 Cowen 87, in the note.. Every man is…
2Cited by5 opinions
- McIntire v. PlaistedSupreme Court of New Hampshire · 1876
- Cornwall v. Sullivan RailroadSuperior Court of New Hampshire · 1854
- Noyes v. ColbySuperior Court of New Hampshire · 1855
- Towns v. Cheshire RailroadSuperior Court of New Hampshire · 1850
- Woolson v. Northern RailroadSuperior Court of New Hampshire · 1848