Cornwall v. Sullivan Railroad
Superior Court of New Hampshire
Trespass, for running over eleven of the plaintiff’s sheep, with the engines and cars of the railroad company, and destroying them. It appeared in evidence that the railroad company owned a strip of land between their road and the land owned by the plaintiff. There was no fence between the plaintiff’s land and the land of the company, or between the plaintiff’s land and the railroad track.
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Trespass, for running over eleven of the plaintiff’s sheep, with the engines and cars of the railroad company, and destroying them. It appeared in evidence that the railroad company owned a strip of land between their road and the land owned by the plaintiff. There was no fence between the plaintiff’s land and the land of the company, or between the plaintiff’s land and the railroad track. No division of the fence between the plaintiff’s land and the land of the defendants had been made, and no notice given by either to the other to build a fence. The plaintiff turned his sheep upon his own…
1Opinion of the CourtEastman, J.
It is not found by the case nor suggested in the argument, that the plaintiff’s animals were killed through any inexcusable negligence on the part of the defendants or their servants, in running their engines and cars; and, therefore, no question arises as to any liability on that account. We do not understand the plaintiff to contend that the defendants did not exercise all ordinary care and *164prudence in the use of their road, but he insists that the loss is one which must fall upon the corporation, in consequence of their not having the railway fenced where the sheep went upon it.
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2Cases cited6 opinions
- Rust v. LowMassachusetts Supreme Judicial Court · 1809
- Wells v. HowellNew York Supreme Court · 1822
- Perkins v. Eastern RailroadSupreme Judicial Court of Maine · 1849
- Avery v. MaxwellSuperior Court of New Hampshire · 1827
- Tewksbury v. BucklinSuperior Court of New Hampshire · 1835
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Giles v. Boston & Maine RailroadSupreme Court of New Hampshire · 1875