Montgomery v. Handy

Citations

• 62 Miss. 16

Syllabus

<p>1. Common Inclosure. Liability of one common owner for turning in cattle. Sec. 984, Code 1880.</p> <p>Under § 984 of the Code of 1880, which provides that, “Every owner of cattle,” etc., “shall be liable for all injuries and trespasses committed by such animals by breaking into the inclosure or grounds of another inclosed by a lawful fence, or running at large in a common inclosure within which more than one person is cultivating land without the consent of all such persons,” if one of several persons cultivating lands within a common inclosure turns his cattle upon his land without the consent of the others protected by the common fence, he is liable for all damages which may result to such others by his cattle going upon their lands, notwithstanding he may have first surrounded his own land on three sides by a lawful fence, leaving only that side next to his immediate neighbor uninclosed.</p> <p>2. Same. Liability of one person for damage done by cattle of another. Word “ owner ” construed.</p> <p>And if the trespasser in such case voluntarily permits the cattle of a stranger to mingle with his on his own land and to go thence and participate in the trespass upon his neighbors’ land, he is responsible as well for the damage inflicted by the stranger’s cattle as by his own. He may be regarded as the owner, pro hac vice, of the stranger’s cattle within the meaning of the statute, which limits the liability to the “owner” of the trespassing stock.</p>