Stoner v. Shugart

Citations

• 45 Ill. 76

Syllabus

<p>1. Inclosures—stock running at large. Owners of cattle have a right to permit them to run at large, and owners of land must have their ground protected by a sufficient fence before they can recover for injuries.</p> <p>2. Same — inside fences. Where a party removes a partition fence and his stock enters upon another’s premises, he will be liable.</p> <p>3. Same—fields in common. Where two persons own land adjoining each other, and join fences, each building the fence on his own land, and have no partition fence between them, and cattle break through the defective fence of one and enter the premises of the other, the latter would have no right to take them up, or recover for injuries against the owner of the stock.</p> <p>4. Where the owners of two adjoining tracts of land, join their fences so as to have but one field in common, and no division fence is built, it is the business of one to see that the fence of the other is sufficient to turn ordinary stock.</p>