The ruling was clearly right. The sheep were in fact taken damage feasant, and not going at large in the highway. The defendant, having failed to comply with the provisions of Gen. Sts. c. 25, §§ 25-30, in relation to animals distrained for doing damage on land, was a trespasser ab initia. The case cannot be distinguished from Sherman v. Braman, 13 Met. 407.

Exceptions overruled.