Page:The Green Bag (1889–1914), Volume 01.pdf/519

⁠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, what 's more conclusive still,
There is no by-law of the town
Permitting cattle at their will
At large 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 1st of Cow.