Morse v. Glover
Supreme Court of New Hampshire
Case, for killing the plaintiff’s ox. Facts found by a referee. The plaintiff’s ox and three of his other cattle strayed from his pasture to the defendant’s adjoining field through the defendant’s insufficient fence. Afterwards, the defendant in attempting to drive the cattle home left the ox in the highway, where-it wandered upon a railroad track, and was killed by a locomotive under circumstances disclosed in the opinion.
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Case, for killing the plaintiff’s ox. Facts found by a referee. The plaintiff’s ox and three of his other cattle strayed from his pasture to the defendant’s adjoining field through the defendant’s insufficient fence. Afterwards, the defendant in attempting to drive the cattle home left the ox in the highway, where-it wandered upon a railroad track, and was killed by a locomotive under circumstances disclosed in the opinion. The plaintiff moves for leave to amend his declaration by filing a count in trespass.
1Opinion of the CourtWallace, J.
The plaintiff’s cattle, including the ox in question, came on the defendant’s land in consequence of the defendant’s neglect to keep in repair his portion of the division fence, and without any fault of the plaintiff. When the defendant found them under those circumstances, it was his duty to drive them back into the plaintiff’s pasture. Instead, he drove the cattle into his barnyard and kept them for about six hours, and then attempted without assistance to drive them to the plaintiff’s house; and in following some of the cattle which escaped into a wood, he abandoned the ox in the highway…
2Cases cited3 opinions
- Gage v. GageSupreme Court of New Hampshire · 1890
- Peaslee v. DudleySupreme Court of New Hampshire · 1884
- Morse v. Boston & Lowell RailroadSupreme Court of New Hampshire · 1889
3Cited by1 opinion
- Prentiss v. New England Box Co.Supreme Court of New Hampshire · 1910