Clark v. Brown
New York Supreme Court
[214] Error from the supreme court. Clark and Brown were the owners of adjoining farms. The cattle of Clark passed from his farm, where they were pasturing, over a defective fence to the farm of Brown, where they ate so much unripe corn there growing as to kill them. Clark called upon the fence viewers of the town in which the premises were situated, to appraise his damages.
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[214] Error from the supreme court. Clark and Brown were the owners of adjoining farms. The cattle of Clark passed from his farm, where they were pasturing, over a defective fence to the farm of Brown, where they ate so much unripe corn there growing as to kill them. Clark called upon the fence viewers of the town in which the premises were situated, to appraise his damages. The fence viewers, after hearing the proofs and allegations of the parties, appraised the damages of Clark at $50, and gave him a certificate to that effect. He commenced a suit in a justice’s court against Brown,…
1Opinion of the Court
After advisement, the following opinions were delivered :
By the Chancellor.
Owing to defects in the partition fence between the lands of the plaintiff, Clark, and of the defendant, Brown, the oxen of the former escaped from his lot into the cornfield of Brown adjoining the same, and were destroyed in consequence of eating unripe corn. The fence viewers, upon being called upon to view the fence, and to appraise the damage which Clark claimed for the loss of his oxen, by reason of the alleged neglect of Brown to keep his part of the partition fence in repair, after hearing the proofs and…
2Cases cited2 opinions
- Smith v. DrewMassachusetts Supreme Judicial Court · 1809
- Leverett v. HarrisMassachusetts Supreme Judicial Court · 1811
3Cited by17 opinions
- United States v. Pacific RailroadSupreme Court of the United States · 1887
- Ayers v. . LawrenceNew York Court of Appeals · 1874
- Slack v. StateCourt of Criminal Appeals of Texas · 1911
- Field v. City of Des MoinesSupreme Court of Iowa · 1874
- Stone v. Mayor of New-YorkNew York Supreme Court · 1840
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