Blaisdell v. Stone
Supreme Court of New Hampshire
Trespass qu. cl. Facts found by a referee. Either the defendant or his son is liable for damage done by the defendant’s sheep straying into the plaintiff’s land from their pasture, which was a part of the defendant’s farm. The defendant had verbally let his farm and farm stock, including the sheep, to his son for the year in which the damage was done; and the son had possession and control of the farm and.stock.
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Trespass qu. cl. Facts found by a referee. Either the defendant or his son is liable for damage done by the defendant’s sheep straying into the plaintiff’s land from their pasture, which was a part of the defendant’s farm. The defendant had verbally let his farm and farm stock, including the sheep, to his son for the year in which the damage was done; and the son had possession and control of the farm and.stock. The stock was appraised at the beginning of the year, and the son had the right to sell it or exchange it for other stock, returning it at the end of the year, or its proceeds if sold…
1Opinion of the CourtDob, C. J.
The referee has irot found that the title of the farm stock passed from the defendant to his son. The defendant was the general owner of the sheep. His son, as bailee, had the possession and care of them on the farm of which he was tenant. ‘They did not escape into the plaintiff’s land from a highway in which they were rightfully and carefully driven. Mills v. Stark, 4 N. H. 512, 514; Brown v. Collins, 53 N. H. 442; Hartford v. Brady, 114 Mass. 466; Gardner v. Rowland, 2 Ired. 247; Good wyn v. Cheveley, 4 H. & N. 631. They were not taken from the bailee’s possession and driven into the…
2Cases cited1 opinion
- Hartford v. BradyMassachusetts Supreme Judicial Court · 1874
3Cited by1 opinion
- Howland v. CressySupreme Court of New Hampshire · 1948