Ames v. Carlton
Ames v. Carlton
Opinion of the Court
delivered the opinion of the Court:
The only point made in this case by the counsel for plaintiff in error is, that the justice had no jurisdiction. This position is not tenable. The statute authorizes every town to prohibit the running at large of cattle, horses, etc. This town did so. Under the operation of this ordinance, cattle running at large were so running, in violation of law, and their entry upon the premises of a stranger was a trespass, as at common law. Justices have jurisdiction of the action of trespass to real estate, and would therefore have jurisdiction of an action brought to recover damages for injuries done by cattle illegally at large. The special remedy given by the ordinance is simply cumulative, and could not oust the'justice of a general jurisdiction given him by statute. The only question for him to decide was, whether, the act complained of was a trespass, that is, whether the defendants’ cattle had illegally gone on the land of the plaintiff. If a trespass, the owner was liable for any damages done, and these damages could be recovered before any tribunal having jurisdiction of the parties and of the action of trespass.
Judgment affirmed.
Reference
- Full Case Name
- Isaac Ames v. John Carlton
- Status
- Published
- Syllabus
- 1. Towns —power to prohibit cattle running at large. The statute authorizes every town to prohibit the running at large of cattle, horses, etc. 2. Trespass—by cattle running at large. Under the operation of a town ordinance prohibiting cattle from running at large, the entry of cattle running at large upon the premises of a stranger is a trespass, as at common law. 3. Jurisdiction of justices of the peace, in trespass by cattle illegally running at large. Justices of the peace have jurisdiction under the general law, of the action of trespass to real estate, and would therefore have jurisdiction of an action brought to recover damages for injuries done by cattle illegally at large. 4 Jurisdiction—how affected by cumulative remedies. Where a town ordinance which prohibits cattle from running at large, gives a special remedy against the owners for a violation of the ordinance, that does not oust the justice of the general jurisdiction given by statute of an action for damages.