Vanderford v. Wagner

Citations

• 24 N.M. 467
• 174 P. 426

Syllabus

<p>SYLLABUS BY THE COURT..</p> <p>1. In order to show a “willful trespass” by animals, tbe evidence must show that tbe owner of tbe animals drove tbem upon tbe lands of tbe injured party, or turned tbem loose upon other lands, knowing that they would necessarily enter tbe lands of tbe injured party, and intended that they should do so. P. 471</p> <p>2. Tbe owner of lands, not fenced as required by tbe statute, cannot recover damages for tbe injury occasioned by trespassing animals thereon, where such animals are lawfully at large and the trespass is not willful. P. 471</p> <p>3. In the case of willful trespass, the trespasser will he liahl'e for damages without regard to the question 0f fences. , P. 471</p> <p>4. Held, that the evidence fails to establish a willful trespass. P. 410</p>