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Brown v. Collins

Superior Judicial Court of New Hampshire

53 N.H. 442 (1873)

Relevant factsFree

Collins (defendant) was driving a horse-drawn grain wagon near a railroad track when a passing locomotive frightened his horses, which bolted uncontrollably, throwing Collins from his seat and crashing the wagon into a stone post owned by Brown (plaintiff) that held a street lamp, damaging it. Brown sued Collins for trespass to recover for the damage.

IssueFree

Whether negligence is required for liability for damage caused by the escape of something one lawfully brings onto his own property.

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