No. 4.] RURAL LAW. 173 



Brainard sued Bush for negligence 

 In keeping bush without a fence, 

 Or leaving syrup without care, 

 Well knowing that his cow ran there. 



Savage, C.J. : — 



This case to us presents two views, 

 Two horns between which we nuist choose. 

 This sugar-Bush did very wrong 

 To leave his syrup there so long. 

 Knowing that cows in search of pasture 

 Might thereby meet with sore disaster. 



The other judges : — 



Oh, Bush deserves much to be blamed, 

 He really ought to be ashamed. 

 He should have known that cattle lap 

 Inviting liquids, — verbum sap. 



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. 



Ah, this is quite another story, 

 'Tis negligence contributory. 



Savage, C.J. : — 



The law doth measure not degrees, 

 Where both the parties careless are ; 

 Betwixt the cow and raajjle trees, 

 Damrium 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 ere for it recover. 



