Supreme Court of New Hampshire December 5, 1889 (Morse v. Boston & Lowell Railroad)

Doe, C. J.

“At common law the owner of a close was not bound to fence against an adjoining close, unless by force of a prescription ; but he was at his peril to keep his cattle on his own close, and to prevent them from escaping; and if they escaped they might be taken on whatever land they were found damage feasant, or the owner was liable to an action of trespass by the party injured.”

Avery

v.