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67 Vt. 284

Watkins v. Rist

Supreme Court of Vermont

Decided October 15, 1894

Supreme Court of Vermont · decided 1894-10-15

Trespass quare clausum. Plea, the general issue. Trial by jury at the May term, 1894, Windsor county, Thompson, J., presiding. Verdict and judgment for the-plaintiff. The defendant excepts. It was the duty of the plaintiff to repair this fence, and he cannot recover for damages resulting from his neglect to do-so. Keenan v. Cavenaugh, 44 Vt. 268 ; Scott v. Grover,. 56 Vt. 499; Eddy v. Kinney, 60 Vt. 554.

Decided 1894-10-15

MUNSON, J.

¶1The plaintiff’s lawful fence was broken down by the defendant’s unruly cow ; and the defendant’s-cattle came upon the plaintiff’s land through the break at the time it was made, and continued to do so for some time thereafter. The court instructed the jury that the defendant *285was liable for every entry made by his cattle upon the plaintiff’s land through this opening. This was error. The plaintiff’s recovery should have been limited to such entries as occurred before he had had what was, in the circumstances, a reasonable time to repair the fence. The defendant was liable in damages for the injury done to the fence. The duty of repairing it rested upon the plaintiff.

¶2Judgment reversed and cause remanded.

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