Shepherd v. Hees
New York Supreme Court
IN ERROR, on certiorari to a justice’s court. - This was an action of trespass, brought in the court below by Hees against Shepherd, for damage done by the defendant’s hogs in the plaintiff’s cornfield. The plaintiff proved that the defendant’s hogs repeatedly came into his cornfield, through a partition fence, which divided their farms, and destroyed his corn.
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IN ERROR, on certiorari to a justice’s court. - This was an action of trespass, brought in the court below by Hees against Shepherd, for damage done by the defendant’s hogs in the plaintiff’s cornfield. The plaintiff proved that the defendant’s hogs repeatedly came into his cornfield, through a partition fence, which divided their farms, and destroyed his corn. The defendant then proved that the plaintiff’s fence, through which the hogs entered the cornfield, was out of repair, and utterly insufficient. To which the plaintiff replied, by showing a by-law of the town, whereby it was provided…
1Per curiam
The question here depends entirely upon the construction of this by-law. By the 12th section of the “ act relative to the duties and privileges of towns,” (vol. 2. 131.,) town meetings are authorized “ to make such prudential rules and regulations as they shall judge necessary and convenient, for directing the times, places, and manner, of permitting or preventing cattle, horses, sheep, and swine, or any of them, to go at large,” and “ for ascertaining the sufficiency of all partition and other fences.”
By enacting that “ all hogs shall be kept up,” the town meeting must be supposed to intend…
2Cited by8 opinions
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- Talmadge v. Rensselaer & Saratoga RailroadNew York Supreme Court · 1852
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