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77 Vt. 431

McGrath v. Wilder

Supreme Court of Vermont

Decided May 18, 1905

Supreme Court of Vermont · decided 1905-05-18

Replevin for a heifer. Heard on the report of a referee at the September Term, 1904, Franklin County, Haselton, J., presiding*. Held: as matter of law, that the measure of defandant’s damages was the value of the use of the heifer during the period of her detention by the plaintiff, without - deduction for her increase in value during that time, and rendered judgment for the défendant to recover $7.00 damages, and costs..

Relies on Allen v. . Fox · Yandle v. Kingsbury · Nash v. Larson

Decided 1905-05-18

Start, J.

¶1The action is replevin for a heifer. The only question reserved for consideration in this Court, is whether in determining the defendant’s damages the increase in the value of the heifer during the detention should have been deducted from, the value of her use.

¶2If the heifer had been in the possession of the defendant during the time she was detained upon the replevin writ, he would have had the benefit of her increase in value, and in addition to- this, he would have had the use of her. By the replevin he has been deprived of this use, and the value of this use, in so far as appears, represents his actual damage for the *433taking and detention, and he is entitled to this sum without any reduction for her increase in value. Am. and Eng. Ency. of Law 2nd. Ed. 522, 523; Allen v. Fox, 51 N. Y. 562; 10 Am. Rep. 641; Washington Ice Co., v. Webster, 68 Maine 449; 16 Am. Rep. 462; Nash v. Larson, 80 Minn. 458; 81 Am. St. 272; Yandle v. Kingsbury, 17 Kan. 195; 22 Am. Rep'. 282.

¶3Judgment affirmed.

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