Ames v. Carlton

Citations

• 41 Ill. 261

Syllabus

<p>1. Towns —power to prohibit cattle running at large. The statute authorizes every town to prohibit the running at large of cattle, horses, etc.</p> <p>2. Trespass—by cattle running at large. Under the operation of a town ordinance prohibiting cattle from running at large, the entry of cattle running at large upon the premises of a stranger is a trespass, as at common law.</p> <p>3. Jurisdiction of justices of the peace, in trespass by cattle illegally running at large. Justices of the peace have jurisdiction under the general law, of the action of trespass to real estate, and would therefore have jurisdiction of an action brought to recover damages for injuries done by cattle illegally at large.</p> <p>4 Jurisdiction—how affected by cumulative remedies. Where a town ordinance which prohibits cattle from running at large, gives a special remedy against the owners for a violation of the ordinance, that does not oust the justice of the general jurisdiction given by statute of an action for damages.</p>