Studwell v. Ritch
Supreme Court of Connecticut
This was an action of trespass for damage done to the plaintiff’s close, by the defendant’s cattle. The defendant pleaded in bar, that the close of the plaintiff, in which the injury complained of was done, lies adjoining a tract of land owned in fee by the heirs of Benjamin Clason; that it is, and at all times has been, the duty of the plaintiff and those who owned his land, and of those who owned said adjoining tract, to make and maintain equally, such divisional fence as…
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This was an action of trespass for damage done to the plaintiff’s close, by the defendant’s cattle. The defendant pleaded in bar, that the close of the plaintiff, in which the injury complained of was done, lies adjoining a tract of land owned in fee by the heirs of Benjamin Clason; that it is, and at all times has been, the duty of the plaintiff and those who owned his land, and of those who owned said adjoining tract, to make and maintain equally, such divisional fence as should be made, and should be necessary, between said two tracts, viz. of the plaintiff, and those who before him owned…
1Opinion of the CourtWaite, J.
The question submitted to our consideration is, whether the facts set forth in the defendant’s plea, are sufficient to bar the plaintiff’s action.
It is very clear, that according to the English common law, the defendant’s plea would be insufficient. It is there made the duty of every man to take care of his cattle ; and if he suffers them to trespass upon the lands of others, he is generally liable for the damages, whether those lands were, or were not, enclosed by a sufficient fence. Com. Dig. tit. Droit. M. 2. Dyer, 372.
But a majority of the court are of opinion, that such is not the law of…
2Cases cited2 opinions
- Rust v. LowMassachusetts Supreme Judicial Court · 1809
- Bissel v. SouthworthSupreme Court of Connecticut · 1791
3Cited by5 opinions
- Seeley v. PetersIllinois Supreme Court · 1848
- Johnson v. WingMichigan Supreme Court · 1854
- Canefox v. CrenshawSupreme Court of Missouri · 1857
- Gregg v. GreggSupreme Court of Pennsylvania · 1868
- Hine v. MunsonSupreme Court of Connecticut · 1864