McBride v. Lynd
Illinois Supreme Court
McBride v. Lynd, 55 Ill. 411 (Ill. 1870)
McBride v. Lynd
Opinion of the Court
The parties were in possession of adjoining fields.
The hogs of appellant were in his own inclosure, and entered upon the field of appellee through a division fence, and committed trespasses upon the crops of the latter, for which he recovered a judgment.
The fence dividing the fields was not a partition fence, under the statute. Hence, the condition or sufficiency of the fence is not involved.
Under such circumstances, appellant was bound to secure his hogs, in his own field, at his peril. The rule of the common law prevails in such eases, that each man is bound to take care of, and keep his cattle, on his own land. McCormick v. Tate, 20 Ill. 334.
The judgment must be affirmed.
Judgment affirmed.
Reference
- Full Case Name
- Thomas McBride v. James Lynd
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- 1. Trespass by live stock—of adjacent proprietors—sufficiency of division fences. In an action to recover for the trespasses committed in the field of the plaintiff by hogs of the defendant, it appeared the hogs entered the plaintiff’s field through a division fence, from an adjoining field owned by the defendant, such division fence being owned entirely by the plaintiff : Held, the fence was not a partition fence, under the statute, hence, the question of its sufficiency was not involved. 2. Under such circumstances, the rule of the common law prevails, that each man is bound to take care of, and keep his cattle on his own land.