¶1If the facts stated in the bill of exceptions afforded any evidence of a conversion to be submitted to the jury, they certainly did not constitute a conversion as matter of law. The facts warranted, if they did not require, the jury to find that the defendant never distrained or impounded the cow, and would have delivered her to the plaintiff at any time, but for his obstinacy in refusing to receive her, and that the cow was rightfully turned by the defendant into the highway. Stevens v. Curtis, 18 Pick. 227. New trial ordered.
121 Mass. 155
Bonney v. Smith
Massachusetts Supreme Judicial Court
Decided October 17, 1876
Massachusetts Supreme Judicial Court · decided 1876-10-17
Tout for the conversion of a cow. Trial in the Superior Court, before Putnam, J., who reported the case for the consideration of this ‘court, in substance as follows: It appeared in evidence that the plaintiff’s cow strayed from his lot upon the adjoining lot of the defendant on Thursday, September 23, 1875. The cow had a clog upon her neck, and commenced jumping upon a young heifer of the defendant’s in his lot.
Decided 1876-10-17