Bulpit v. Matthews

Citations

• 145 Ill. 345
• 22 L.R.A. 55

Syllabus

<p>1. Animals—domestic animals running at large—liability of owner for damages. The owners of domestic animals, in this State, are required by law to keep them under control at their peril, so that no damage may be done by them to the property of another.</p> <p>2. Stock at large, with or without the knowledge or consent of the owner, is unlawfully at large, unless by an affirmative vote the county, city or village, precinct or town has been excepted out of the general rule. And although stock escape from a good and sufficient enclosure, and stray upon the land of. another and commit trespass, the owner will be liable for the damages resulting from the trespass. The owner of cattle must keep them off the lands of others, at his peril.</p> <p>3. It is not necessary to fence against stock, and the owner thereof is liable in damages if it trespass upon the land of others, whether such land is enclosed or not, and irrespective of the reason or excuse for the animals being at large.</p> <p>4. Same—common law rule. By the common law every owner of cattle was bound to keep them from trespassing upon the close of another, at his peril, and was answerable for their trespasses as well as for his own.</p> <p>6. Same—statute of 1874 construed. Prior to the passage of the act of 1874, the territory in which domestic animals were prohibited from running at large, were exceptions out of the general rule. By this statute, the rule was abrogated and the general rule of law established, that animals could not lawfully be at large within, the State, except within such political subdivision as the people, by an affirmative vote, had formally expressed their desire that such animals should be permitted to run at large. All other running at large of stock upon the highways or commons, or upon the land of others than the owner, without license; is made unlawful.</p> <p>6. By construing the various provisions of the act of 1874, relating to animals, together, it is manifest that the legisl