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

472

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.

Yes, circumstances cases vary; This may excuse the harm to dairy.

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.

Ah! this is quite another story; 'T is negligence contributory.

The law doth measure not degrees
 * Where both the parties careless are;

Betwixt the cow and maple trees,
 * Damnum absque injuria.

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.

A less poetic version, I 'll allow, You'll find reported in the 1st of Cow.