Legal Opinion

Baldwin v. Ensign

Supreme Court of Connecticut

Decided May 15, 1881PublishedCited by 20 opinions

Trespass on the case for an injury from a colt belonging to the defendant; brought to the Superior Court in Litchfield County. The plaintiff was a minor and sued by his next friend, Levi Baldwin.

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Trespass on the case for an injury from a colt belonging to the defendant; brought to the Superior Court in Litchfield County. The plaintiff was a minor and sued by his next friend, Levi Baldwin. The following facts were proved by a committee:— The plaintiff, a boy about three years old, on the 27th day of June, 1878, was living with his parents near the village of Morris, on the north side of the highway,.in a hired house with some land attached thereto, and on the same day the defendant, living near them, let loose a mare and colt belonging to him upon the public highways of the town, not…

1Opinion of the CourtCarpenter, J.

The defendant let loose a mare and colt belonging to him upon the public highway, not keeping any watch or guard over them. The plaintiff, a child about three years old, was near his father’s house when he was *116injured by tbe colt, but whether it occurred within or without the highway does not distinctly appear, although we-.think it may be fairly inferred that he was in. the- highway outside of the travelled path. The committee' by whom the facts were found, says:—“ I do not find that the colt was vicious, or, if so, that such viciousness was known to the defendant.”

If the injury had been…

2Cases cited2 opinions

  1. Lyons v. MerrickMassachusetts Supreme Judicial Court · 1870
  2. Barnum v. VandusenSupreme Court of Connecticut · 1844

3Cited by20 opinions

  1. Monroe v. Hartford Street Railway Co.Supreme Court of Connecticut · 1903
  2. Fox v. KoehnigWisconsin Supreme Court · 1926
  3. Decker v. McSorleyWisconsin Supreme Court · 1901
  4. Shepard v. SmithIdaho Supreme Court · 1953
  5. City of Troy v. WatkinsSupreme Court of Alabama · 1918

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