Dooley v. Seventeen Thousand Five Hundred Head of Sheep

Citations

• 4 Cal. Unrep. 479
• 35 P. 1011
• 1894 Cal. LEXIS 1172

Syllabus

<p>Animals.—Where a Trespass is Committed by the Animals of several persons, those of one person cannot be sold to pay the damages caused by animals of others, he not having any control-over them, and not having contributed to the cause of their trespassing, and no authority for such sale being given by act of March 7, 1878, concerning trespassing of animals.1</p> <p>Animals—Trespass by.—A Finding That 7,000 Sheep, marked with certain brands, trod down and depastured all of plaintiff’s lands, being 9,460 acres, comprising ten whole and twenty fractional sections, is not supported by evidence only that they were seen on five different days and on three sections of the land; there being evidence that other sheep were seen on the lands, and it not being shown that 7,000 other sheep did not trespass on the lands as alleged in the complaint.</p>