Ozburn v. Adams

Citations

• 70 Ill. 291

Syllabus

<p>1. Trespass by Aminas—defective division fence. Where parties own adjoining lands, separated by a division fence, and the defendants’ horses and cattle break through defendants’ portion of the fence, which is defective, and damage, the plaintiff’s crops, the latter may maintain an action against the defendants to recover the damages done by such stock, and this notwithstanding his part of the fence is also defective.</p> <p>2. Parties defendant—when owners of stock in severalty may be sued, jointly for trespass. Where the horses trespassing upon the plaintiff were owned by several defendants, not jointly, but severally; were kept together in a common herd on the owners’ farm, and were under the joint control of all of the owners, and they broke through the defendants’ portion of a division fence, which was out of repair, and damaged the plaintiff’s crops, it was held, that the plaintiff might maintain an action against all the defendants, jointly.</p> <p>3. Trespass by stock—who liable for. The party in possession of stock, and who has control over them, is liable for damage done by them, in the same manner as though he were the owner. The owner who hires his stock to pasture in the field of another, when the latter puts them in a field adjoining one, into which they break and do damage, is not liable to the party injured.</p>