Griffin v. Martin
New York Supreme Court
Griffin sued Martin before a justice of the peace of St. Lawrence county, and on the joining of issue, complained against the defendant, for trespass done by the defendant’s cattle, on the plaintiff’s close, in the town of Pierpont, on divers days between the first day of June and the middle of October, 1848, and thereby destroying corn, grass and wheat of the plaintiff to his damage of ten dollars.
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Griffin sued Martin before a justice of the peace of St. Lawrence county, and on the joining of issue, complained against the defendant, for trespass done by the defendant’s cattle, on the plaintiff’s close, in the town of Pierpont, on divers days between the first day of June and the middle of October, 1848, and thereby destroying corn, grass and wheat of the plaintiff to his damage of ten dollars. The defendant answered, that if his cattle entered upon the plaintiff’s close it was owing to the defect of fences which the plaintiff was bound to keep in repair; and that 2d, the cattle entered,…
1Opinion of the CourtWillard, J.
The important question arising on this appeal, and the only one which we understand was discussed in the courts below, is, whether the act of the legislature, empowering the electors of each town, at their annual town meeting, “ to make rules and regulations for ascertaining the sufficiency of all fences in such town; and for determining the times and manner in which cattle, horses or sheep shall be permitted to go at large oil highways,” is authorized by the constitution of this state. (1 R. S. 340, 341, § 5, sub. 11.) With respect to the first branch of the foregoing provision, it is not…
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