172 BOARD OF AGRICULTURE. [Pub. Doc. 



lisli case, where the defendant was held liable for the death 

 of the plaintiff s horse, which was poisoned by the foliage 

 of the yew tree planted on the defendant's ground, but pro- 

 jecting over the plaintiff's pasture. But in another English 

 case, where the horse had to trespass on the defendant's 

 land in order to get at the yew tree, the decision was other- 

 wise. 



It has been held that an action will not lie for carelessly 

 leaving maple syrup in one's unenclosed wood, whereby 

 the plaintiffs cow, being illegally suffered to run at large, 

 and having strayed there, was killed by drinking it. This 

 decision was given in 1823, in the supreme court of the State 

 of New York, by Chief Justice Savage, and is found in the 

 first volume of Cowen's reports. About ten years ago Mr. 

 Irving Browne paraphrased the decision by making it the 

 subject of a witty rhyme, which appeared in the first vol- 

 ume of "The Green Bag," some portions of which I am 

 going to take the liberty of repeating : — 



One Brainard owned a favorite cow, 

 With placid eyes and gentle brow, 

 Renowned for milk, — he called it " mikh," 

 Her coat was smooth and soft as silch. 

 A star upon her forehead lay 

 Appropriate to her milky way. 



Bush owned a lot of wooden cows. 

 Which had no need to drink or browse ; 



For he possessed a sugar bush 

 Where he a thriving trade did push. 



This bush was destitvite of fence ; 

 But, as there was no evidence 

 Of any law to keep it closed. 

 His syrup Bush left there exposed. 



At length, when Mooly in the grove, 

 In search of provender did rove, 

 She found this palatable drink, 

 And, hanging o'er the fatal brink, 

 So greedily did Mooly suck it, 

 That, giving one convulsive cough, 

 She speedily did " kick the bucket," 

 And lay completely " sugared ojf." 



