Atwater v. Lowe
New York Supreme Court
This is an appeal from an order of tbe county court of Allegany county, granting a new trial Tbe facts are sufficiently set forth in tbe opinion. It is a well-establisbed rule of tbe common law, that the owner of cattle is liable for ■any trespass committed by them, irrespective of any question of negligence (3 Bile. Com., 211; Ellis agt. Loftus Iron Co., 11 Eng.
Read the full summary
This is an appeal from an order of tbe county court of Allegany county, granting a new trial Tbe facts are sufficiently set forth in tbe opinion. It is a well-establisbed rule of tbe common law, that the owner of cattle is liable for ■any trespass committed by them, irrespective of any question of negligence (3 Bile. Com., 211; Ellis agt. Loftus Iron Co., 11 Eng. Rep., 217). This rule has long been recognized and: adopted in this state (19 Johns., 384; 5 Den., 255; 1 N. Y., 575; 3 Wend., 142; 18 id., 213). The defendant, at the time of the trespass, being out of possession, and having lost…
1Opinion of the CourtHaight, J.
This action was originally commenced in justice court and was retried in the county court, resulting in a verdict in favor of the plaintiff. Subsequently the defendant moved for a new trial upon the minutes of the court and the motion was granted; from this order the plaintiff appeals to this court. The action was brought by the plaintiff to recover damages alleged to have been sustained by reason of a trespass upon his premises by cattle owned by the defendant
The defense was that the defendant had leased her farm, with the cattle thereon, to one Theron Foster, for the term of three years,…
2Cases cited2 opinions
- Van Slyck v. SnellNew York Supreme Court · 1872
- Moulton v. MooreSupreme Court of Vermont · 1884