McBride v. Lynd

Citations

• 55 Ill. 411

Syllabus

<p>1. Trespass by live stock—of adjacent proprietors—sufficiency of division fences. In an action to recover for the trespasses committed in the field of the plaintiff by hogs of the defendant, it appeared the hogs entered the plaintiff’s field through a division fence, from an adjoining field owned by the defendant, such division fence being owned entirely by the plaintiff : Held, the fence was not a partition fence, under the statute, hence, the question of its sufficiency was not involved.</p> <p>2. Under such circumstances, the rule of the common law prevails, that each man is bound to take care of, and keep his cattle on his own land.</p>