Legal Opinion

Eames v. Salem & Lowell Railroad

Massachusetts Supreme Judicial Court

Decided January 15, 1868PublishedCited by 22 opinions

Tort for the killing of sheep on the defendants’ railroad by their locomotive engine. At the trial in the superior court, before Reed, J., without a jury, these facts were found: The defendants were incorporated by the St. of 1848, c. 223, and built a railroad from Salem to Lowell.

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Tort for the killing of sheep on the defendants’ railroad by their locomotive engine. At the trial in the superior court, before Reed, J., without a jury, these facts were found: The defendants were incorporated by the St. of 1848, c. 223, and built a railroad from Salem to Lowell. One Taylor owned pasture land and a dwelling-house, near but not adjoining the railroad, the intervening tract being woodland owned in several strips running parallel with the railroad by different proprietors. There was no fence between Taylor’s land and the woodland; nor any fence between the strips of woodland;…

1Opinion of the CourtChapman, J.

In'some of the reported cases respecting injuries done by passing trains to domestic animals that have strayed upon railroad tracks, the elementary principles of law have not been distinctly kept in view. It may be well, therefore, in this case, to recur to these principles.

By the common law, every man was bound to keep his cattle upon his own land; and, if he suffered them to escape and go upon the land of another, he was a trespasser. Rust v. Low, 6 Mass. 90. Therefore, by the common law, the plaintiff in this ease would be a trespasser, if his sheep escaped from his own *563inclosure and went…

2Cases cited1 opinion

  1. Rust v. LowMassachusetts Supreme Judicial Court · 1809

3Cited by22 opinions

  1. Bronson v. CoffinMassachusetts Supreme Judicial Court · 1871
  2. Washington v. B. & O. R. R.West Virginia Supreme Court · 1880
  3. Chase v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1911
  4. Lyons v. MerrickMassachusetts Supreme Judicial Court · 1870
  5. Berry v. St. Louis, Salem & Little Rock R. R.Supreme Court of Missouri · 1877

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