BROWN V. COLLINS
53 N.H. 442 (1873)
NATURE OF THE CASE: Brown (P) landowner filed an action against Collins (D) neighbor for
damage to the P's property after D's horses ran against and broke a post on P's property.
FACTS: Collins (D)'s horses were frightened when he was near the town railroad crossing
going with a load of grain to the grist mill. They became frightened by an engine and broke
away from D and damaged Brown (P)'s land. D was without fault, not guilty of malice or
unreasonable negligence. The horses merely became unmanageable. P sued to recover the value
of the post damaged. The post was four feet from the southerly line of the main highway
leading to the village and about 50 feet from the railroad track crossing.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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