Gutierrez v. Montosa Sheep Co.

Citations

• 25 N.M. 540
• 185 P. 273

Syllabus

<p>SYLLABUS BY THE COURT</p> <p>1. Section 39, Code 1915, which authorizes the owner of unfenced lands to mark the boundaries thereof and to post notices against trespass, and upon compliance with the section to recover damages for trespass committed by animals under herd, is no bar to a suit for willful trespass where the owner has not complied with the section. P. 543</p> <p>2. Objections and exceptions to the giving or refusing to give instructions must be incorporated into and made a part of the bill of exceptions, and cannot be shown by the record proper. P. 544</p> <p>3. In a suit by the owner of lands to recover for the depasturing of the same, evidence as to the inability of the owner to procure other pasture for his animals and the depreciation of the value of his animals caused by lack of feed, occasioned by the depasturing of his land, is competent.</p> <p>P. 545</p> <p>On Motion for Rehearing</p> <p>4.The master is liable for the acts of his agent or servant acting within the scope of his employment, whether such act is negligently or wilfully committed.</p>