Hill v. Winkler

Citations

• 21 N.M. 5
• 151 P. 1014

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. There is an implied license, growing out of the custom of nearly 100 years, that the public lands of the United States, especially those in which the native grasses are adapted to the growth and fattening of domestic animals, shall be free to the people who seek to use them where they are left open and unenclosed, and no act of the government forbids this use.</p> <p>P. 10</p> <p>2. During the progress of the settlement of the newer parts of the country the rule that the owner of domestic animals should keep them confined within his own grounds, and should be liable for their trespasses upon unenclosed land of his neighbor, has nowhere prevailed; but, on the contrary, his right to permit them, when not dangerous, to run at large, without responsibility for their getting upon such land of his neighbor, has been universally conceded.</p> <p>P. 12</p> <p>3. In proper cases, where the other necessary elements of equitable jurisdiction are present, injunction will lie to restrain a live stock owner from wilfully and knowingly driving or turning his stock upon the unenclosed premises of a private owner.</p> <p>P. 13</p>