Monday, November 11, 2013

Brown v. Collins case brief

Brown v. Collins case brief summary
53 N.H. 442 (1873)

Plaintiff landowner filed an action against defendant neighbor for damage to the landowner's property after the neighbor's horses ran against and broke a post on the landowner's property.


The neighbor's reputation was that the neighbor used ordinary care and skill in managing his horses. One time, however, the horses became frightened, then unmanageable; the result was the incident that gave rise to the instant action. The case went before the court for a decision on the merits.


  • The court determined that while it was not explicitly stated that the neighbor was without actual fault, such was to be inferred that the fact was so, and the court decided the case on that ground. 
  • The horses had broken away from the neighbor's control, ran away with him, went upon the plaintiff's land, and did damage there against the will, intent, and desire of the neighbor. 
  • The case complained of was one for which the neighbor was not liable unless everyone was liable for all damage done by a superior force overpowering him and using him or his property as an instrument of violence. 
  • The neighbor was entitled to judgment.

The court discharged the landowner's negligence and property damage action against the neighbor.

Suggested Study Aids For Tort Law

No comments:

Post a Comment

The Evolution of Legal Marketing: From Billboards to Digital Leads Over the last couple of decades, the face of legal marketing has changed a l...