Rowe v. Smith
New York Supreme Court
APPEAL from a judgment of the county court of Cortland county. The action was commenced in a justice’s court, to recover for damage done to the plaintiff’s land and crops by the defendant’s cattle, horses and hogs. The plaintiff recovered a judgment for '$20 in the justice’s court, and on appeal to the county court, the same was affirmed. The defendant appealed from the judgment of the latter court.
1Opinion of the CourtBoardman, J.
It is conceded that the cattle, horses and hogs of the defendant passed from her land upon the plaintiff’s land, the fences between the two farms having been before that removed, and that damage was done to the plaintiff’s land and crops.- Upon such a state of facts there can be no doubt that the defendant is liable; unless the legal objections urged by the defendant on this appeal *418are well founded. Because the, defendant is a married woman, it is insisted the action cannot be maintained without joining her husband as a party. If we are governed by the Code, as it was amended in 1857, (§…
2Cases cited3 opinions
- Tonawanda Rail-Road v. MungerNew York Supreme Court · 1848
- Colden v. EldredNew York Supreme Court · 1818
- Porter v. MountNew York Supreme Court · 1865
3Cited by1 opinion
- Fitzgerald v. QuannNew York Supreme Court · 1884