Richardson v. Carr

1 Del. 142

• Court: Superior Court of Delaware
• Decided: July 5, 1833
• Status: Published

Opinion

The Court

charged the jury

That if a cow be found trespassing on another’s property, the owner of the property may impound her, or sue for damages, or drive her out; but in driving her out he must use only necessary violence, or he becomes himself a trespasser and liable in damages to the owner of the cow. If the deft, in this case beat the plff’s. cow and mangled her with dogs as he is charged, he is a trespasser though the cow was in his corn field, and the plff. ought to have damages, to the value of the r v, if her death was occasioned by his act; and, if not, to the amount of the injury. If however, in turning her out of his field, he used only the necessary force, and her death arose from other cause the deft, ought to have a verdict.

Hamilton, for appellant. Wales, for respondent.

Verdict for appellant, defendant below.