McIntire v. Plaisted
Supreme Court of New Hampshire
From Coos Circuit Court. Case, to recover damages for injuries to the plaintiff’s cow, done by a dog owned or in the possession of the defendant.
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From Coos Circuit Court. Case, to recover damages for injuries to the plaintiff’s cow, done by a dog owned or in the possession of the defendant. The evidence tended to show that at the time the injuries complained of occurred, the plaintiff was the owner of a farm adjoining the farm formerly owned by the father of the defendant; that the line fence between the same had been divided by parol, and, during the lifetime of the defendant’s father, had been lived up to for a long series of years —some eighteen or twenty; that in August, prior to the happening of the injuries complained of, the…
1Opinion of the Court
FROM COOS CIRCUIT COURT. The usual form of action, to recover damages for injuries done to land by the defendant's cattle, is trespass; and the ordinary form of declaration is, that the defendant by his cattle broke and entered the plaintiff's close, depastured the same, and trod down the herbage, c. If the defendant, by his neglect, suffer his cattle to be on his neighbor's soil, he is treated by the law as an active trespasser. 3 Bl. Com. 211. "A man is answerable for not only his own trespass, but that of his cattle also; for if by his negligent keeping they stray upon the land of another…
2Cases cited4 opinions
- Hooksett v. Amoskeag Manufacturing Co.Supreme Court of New Hampshire · 1860
- Tewksbury v. BucklinSuperior Court of New Hampshire · 1835
- Wright v. BoyntonSupreme Court of New Hampshire · 1858
- Noyes v. ColbySuperior Court of New Hampshire · 1855
3Cited by3 opinions
- Blais v. Town of GoffstownSupreme Court of New Hampshire · 1979
- Ladd v. Granite State Brick Co.Supreme Court of New Hampshire · 1894
- Gagnon v. FrankSupreme Court of New Hampshire · 1927