Henry Billings Brown

Name: Grayson v. Lynch — Opinion of the Court
Author: Henry Billings Brown

Summary

“Grayson v. Lynch — Opinion of the Court”, is a work by Henry Billings Brown. It explores elements such as cattle, finding and plaintiffs.

Quotes from Grayson v. Lynch — Opinion of the Court (Henry Billings Brown)

Henry Billings Brown, Grayson v. Lynch — Opinion of the Court

“ It certainly does not, in terms, require that the court shall rehear the case upon the testimony as if it were an appeal in equity, but limits its powers of review to such questions as are apparent upon the record, or incorporated in a bill of exceptions. And in cases where the cause is tried by the court without a jury it can only review it in the same manner, and to the extent, as if it had been tried by a jury. ”

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Source: Wikisource

Henry Billings Brown, Grayson v. Lynch — Opinion of the Court

“ And elsewhere defendants' cattle are spoken of as infected with 'the said contagious disease,' which they communicated to plaintiffs' cattle. It is evident that the words 'infectious' and 'contagious' were not used in any technical sense, or with any intention of averring that plaintiffs' cattle became ill from a contagious, as distinguished from an infectious, disease; and that, reasonably construed, it was only intended to aver that defendants' cattle were afflicted with the Texas cattle fever, and that by the negligence of the defendants they communicated it to the plaintiffs' cattle. ”

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Source: Wikisource

Henry Billings Brown, Grayson v. Lynch — Opinion of the Court

“ There are in reality two entirely separate findings of facts in the case, the first one of which is much more specific than the other, but contains evidence of facts as well as the facts themselves, but is less complete than the 'statement of further findings of facts and conclusions of law,' which is practically a finding of the ultimate facts of the case, and of the conclusion that, from the facts so found, the plaintiffs are entitled to judgment. ”

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Source: Wikisource

Henry Billings Brown, Grayson v. Lynch — Opinion of the Court

“ If defendants had knowledge of the fact that their cattle were infected with Texas fever, they were guilty of a violation of the statute in deliving them to the railway company for transportation to New Mexico, and the duty devolved upon them of using all necessary care to prevent their communicating the disease to healthy cattle. ”

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Source: Wikisource

Henry Billings Brown, Grayson v. Lynch — Opinion of the Court

“ As one of these witnesses testified that Oak and Bee counties in Texas were known to be permanently infected with the fever, and as the court found that these counties were a part of the infected district, and also found that the cattle in question were shipped from those counties into the territory of New Mexico, and that the defendants were notified by the plaintiffs of the existence of such disease in these counties at the time they drove their cattle across plaintiffs' range ”

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Source: Wikisource

Henry Billings Brown, Grayson v. Lynch — Opinion of the Court

“ When the cattle passed from one range to the other, they mixed with the cattle on the range to which hey went, and grazed on the same pasture and drank of the same water. Defendants, from time to time, drove their cattle back from plaintiffs' range to their own, the last time just prior to September 8, 1884. Lynch Bros. made no effort to prevent their cattle from going on Grayson & Co.'s range or from watering at the same holes and grazing and feeding on the same pastures and ranging with Grayson & Co.'s cattle which came from Texas in 1884, but allowed them to do so in large numbers. ”

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Source: Wikisource

Henry Billings Brown, Grayson v. Lynch — Opinion of the Court

“ It is to be regretted that defendants found it necessary to multiply their assignments to such an extent, as there is always a possibility that, in the very abundance of alleged errors, a substantial one may be lost sight of. ”

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Source: Wikisource

Henry Billings Brown, Grayson v. Lynch — Opinion of the Court

“ In the nature of their business, in the correspondence of the department, and in the investigation of such diseases, they would naturally become much better acquainted with the districts where such diseases originated or were prevalent than if they had been merely local physicians, and testified as to what came within their personal observation. ”

Henry Billings Brown

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