Smith v. Race

Citations

• 76 Ill. 490

Syllabus

<p>1. Texas cattle—owmei-ship or possession to create liability. To make one liable to damages as the owner of Texas or Cherokee cattle for infection to other cattle, he must be the owner in the natural and ordinary sense of that term. A conditional ownership growing out of a lien will not make a party liable unless he has the actual possession and control of the cattle.</p> <p>2. Thus, where a party signed notes with the owner of a lot of Texas cattle, upon which money was raised, and such surety was to have a lien upon the same, but they continued in the possession of the original owner until they had communicated disease to the plaintiff’s cattle, it was held, that such surety, by virtue of his lien, was not liable to the plaintiff under the statute.</p>