Byron v. Crippen

Massachusetts Supreme Judicial Court

Byron v. Crippen

70 Mass. 312

CourtMassachusetts Supreme Judicial Court

DecidedOctober 15, 1855

StatusPublished

This text of 70 Mass. 312 (Byron v. Crippen) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Byron v. Crippen, 70 Mass. 312 (Mass. 1855).

Pincite

Opinion

Thomas, J.

We think the instructions of the court below wrere correct. To “ forthwith impound ” is to impound without unnecessary delay. The act of impounding by the field driver does not require that he should open or close the gate. The [314]*314pound is under the care and in the custody of a keeper e.ected for the purpose. Rev. Sts. c. 19, §§ 20, 21.

The field driver, it- is plain, was not responsible for the act of the pound keeper in removing the horse from the pound without bis direction or consent.

Exceptions overruled.

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Thomas, J.

We think the instructions of the court below wrere correct. To “ forthwith impound ” is to impound without unnecessary delay. The act of impounding by the field driver does not require that he should open or close the gate. The [314]*314pound is under the care and in the custody of a keeper e.ected for the purpose. Rev. Sts. c. 19, §§ 20, 21.

The field driver, it- is plain, was not responsible for the act of the pound keeper in removing the horse from the pound without bis direction or consent.

Exceptions overruled.

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Bluebook (online)

70 Mass. 312, Counsel Stack Legal Research, https://law.counselstack.com/opinion/byron-v-crippen-mass-1855.