Sweet v. Ballentyne

Citations

• 8 Idaho 431
• 69 P. 995
• 1902 Ida. LEXIS 47

Syllabus

<p>Constitutional Law — Police Power of the State — Regulation of Sheep Grazing. — Sections 1210 and 1211 of the Revised Statutes of Idaho, prohibiting the grazing and herding of sheep within two miles of inhabited dwellings, is a valid exercise of the police powei of the state. Affirming Sifers v. Johnson, 65 Pac. 709.</p> <p>Same — Damages.—Under said statutes, the owner or herder of sneep is only liable for the damages which are caused in the commission of a trespass by his own sheep.</p> <p>Same. — In estimating the damages caused to a settler by herding and grazing sheep within two miles of his dwelling, and on the publie lands, the number of livestock which he has depending on pasturage upon said lands must be taken into consideration.</p> <p>(‘'¡vllabus by Quarles, O. J.)</p>