Whitlock v. West
Supreme Court of Connecticut
Trespass, for the taking and carrying away of two steers and a heifer belonging to the plaintiff, tried to the jury upon the general issue with notice of special matters of defence. The taking of the cattle by West, one of the defendants, was admitted.
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Trespass, for the taking and carrying away of two steers and a heifer belonging to the plaintiff, tried to the jury upon the general issue with notice of special matters of defence. The taking of the cattle by West, one of the defendants, was admitted. The defendants, protesting that the town of Wilton could not be liable in any event, justified the taking by West, on the ground that he, being then a hayward of the town of Wilton, lawfully seized the cattle while they were running at large on a highway within that town contrary to a certain by-law of the town, and impounded them under the…
1Opinion of the Court
Storrs,'C. J.
When the acts complained of in this declaration were done, we had no general statute prohibiting cattle from going at large on highways and commons; but the 30th section of the act concerning communities and corporations, (Rev. Stat. tit. 3,) empowered “ every town, at a lawful meeting warned for that purpose,” “ to make by-laws for restraining cattle,” and the other animals therein mentioned, “ from going at large, and for regulating such as shall go at large.” The defendants, on the trial, justified the acts complained of under a by-law of the town of Wilton which is recited in…
2Cited by9 opinions
- State Ex Rel. Rylands v. PinkermanSupreme Court of Connecticut · 1893
- Ex Parte SullivanCourt of Criminal Appeals of Texas · 1915
- Hutchison v. Board of Zoning AppealsSupreme Court of Connecticut · 1953
- New London v. DavisSupreme Court of New Hampshire · 1904
- Grover v. HuckinsMichigan Supreme Court · 1873
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