Erdman v. Gottshall

Citations

• 9 Pa. Super. 295
• 1899 Pa. Super. LEXIS 25

Syllabus

<p>Negligence — Trespass by driven cattle — Province of court and jury.</p> <p>One driving domestic animals along the public highway is bound to observe due care, and if, notwithstanding, they escape from the driver without negligence, and go upon private ground he is not responsible provided lie removes them within a reasonable time; and what is reasonable time must depend upon all the circumstances. There being no evidence of such negligence sufficient to warrant ils submission, it is the duty of the court to instruct for defendant.</p> <p>Cattle — • Trespass— Party fence — Question for jury.</p> <p>The owner of cattle kept upon a farm is bound to keep them from tres^ passing on his neighbor’s land, but where a parly fence enters into consideration, while the duty is imposed on the owner of cattle to make it sufficient to restrain a tendency to roam, yet the matter of sufficiency of such a fence is a question for the jury.</p>