Cole v. Drew
Supreme Court of Vermont
Trespass q. o. f. The defendants pleaded the general issue, plea in bar, and notice. Trial by jury, June term, 1871, Wheeler, J., presiding. The evidence of the plaintiff and defendants both tended to show that there was a public highway in Newark leading through land of the plaintiff by the dwelling-house occupied by the defendants.
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Trespass q. o. f. The defendants pleaded the general issue, plea in bar, and notice. Trial by jury, June term, 1871, Wheeler, J., presiding. The evidence of the plaintiff and defendants both tended to show that there was a public highway in Newark leading through land of the plaintiff by the dwelling-house occupied by the defendants. The defendants’ evidence tended to show that their children, in attending school, had to travel over this highway, and that on each side of the said highway were briar bushes grown up to near the margin of the travelers’ path, and that upon one side of said…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The only question arising from the exceptions is, whether the court were correct in holding that Mrs. Drew, if justified in cutting the grass growing in the highway over the laud of the plaintiff, that her children might go and come from school, in the highway, without getting their clothes wet, made herself a trespasser ah initio in carrying away .the grass, and giving it to the horse ; and that the rule, de minimis non curat lex, did not apply. That the jury must therefore return a verdict for the plaintiff for some sum.
The owner of the soil…
2Cases cited4 opinions
- Jackson ex dem. Yates v. HathawayNew York Supreme Court · 1818
- Stackpole v. HealyMassachusetts Supreme Judicial Court · 1819
- Fullam v. StearnsSupreme Court of Vermont · 1857
- Holden v. ShattuckSupreme Court of Vermont · 1861
3Cited by20 opinions
- Postal Telegraph-Cable Co. v. EatonIllinois Supreme Court · 1897
- Denniston v. ClarkMassachusetts Supreme Judicial Court · 1878
- Percival v. WilliamsSupreme Court of Vermont · 1909
- Humphreys Oil Co. v. LilesCourt of Appeals of Texas · 1924
- Skinner v. BuchananSupreme Court of Vermont · 1928
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