|The Green Bag.|}}

472

Savage, C. J. But then again, though it is shown That Bush knew Brainard's cow frequented His sugar-bush, it is not known, From evidence, that he consented. The Other Judges. Yes, circumstances cases vary; This may excuse the harm to dairy. Savage, C. J. And then, There is Permitting At large

what 's more conclusive still, no by-law of the town cattle at their will to wander up and down. The Other Judges.

Ah! this is quite another story; 'T is negligence contributory. Savage, C. J. The law doth measure not degrees Where both the parties careless are; Betwixt the cow and maple trees, Damnum absque injuria. All Together. So this decree we ratify : That Brainard pay the cost. Perhaps it may him gratify That Bush his syrup lost; And obiter, we can't discover How Bush can e'er for it recover. The Reporter. A less poetic version, I 'll allow, You 'll find reported in the ist of Cow.