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THE DEADLY YEW. CROWHURST v. AMERSHAM BURIAL BOARD.

(4 Exch. Div. 5.)

By Irving Browne. [A Cemetery Association planted yew-trees, knowing them to be noxious to horses, on its own land, so near that of a neighbor that the branches projected over his ground. The neighbor's horse at large in the field cropped the yew leaves, and died therefrom. Held, That the Association was liable.] HP HE legal wind is tempered to the beast, Which, like its epicurean owner, man, Knows not discretion at a tempting feast, But ever since with apples he began, Has been inclined to stuff himself with food More than was needful for his highest good. A cow may masticate a fence of wire,1 Or swallow brine in city street exposed,3 On copper clasps concealed in meal expire,3 Or paint in hay on customer imposed;* Such negligences of the stupid brute Law to proprietors doth not impute. Also a horse on corn galore may dine,5 Or dog may trespass for strong-smelling meat; 4 But lawyers somewhere ought to draw a line, Lest leniency should common right defeat; So at rat-poison in a druggist's shop,7 And maple-syrup in the woods we stop.8 Having of late discoursed upon a ram, I now must tell about a deadly yew Which grew in burial-ground of Amersham, And nourished there by constant rain and dew, Shot o'er a neighbor's fence four feet away From where its stock projected from the clay. Now shooting was the yew's time-honored use, For of its wood the ancient bows were made, Which when the English peasantry did choose Caused even mailed knights to be afraid; Deadly to horse its arrows were, and sure On fields of Crecy and of Agincourt. 1 1 8 4 6 • 7

Firth v. Bowling Iron Works Co., 3 C. P. Div. 254; s. c. 30 Moak Eng. 146, 18 Alb. L. Jour. 16. Henry v. Dennis, 93 Ind. 452; s. c. 47 Am. Rep. 378. Lukens v. Freiund, 27 Kans. 664; s c. 41 Am. Rep. 429. French v. Vining, 102 Mass. 132: s. c. 3 Am. Rep. 440. Dennis v. Hyck, 48 Mich. 620; s. c. 42 Am. Rep. 479. Townsend v. Watthen, 9 East, 277. Stanfeld v. Boiling, 22 L. T. Rep. (n. s.) 709. 8 Bush v. Brainard, 1 Cow. 78; ante. 470.