Ward v. Brown

Citations

• 64 Ill. 307

Syllabus

<p>1. Trespass—whether the action will lie. An action of trespass will not lie against tbe owner of cattle for trespasses committed by them while they are in the hands of an agister or bailee. If the owner could be held liable for such trespasses at all, it would be in case and not in trespass; as, if the owner of the cattle selected a reckless and irresponsible agister or bailee, and had he known or had reason to believe the cattle would commit the trespasses when he placed them in his hands, he might then be liable in case.</p> <p>2. A agreed with the owner of a lot of cattle to pasture them for a specified price per week in his cornstalk field. Afterwards, A made an arrangement with B, without the knowledge of the owner, by which the cattle were placed, in the field of B, which adjoined that of A, and they were to divide the pay, according to an agreement between them. The cattle were first put in the field of A, hut the fence was taken down between his field and that of B by them, vso as to permit the cattle to run in both fields. The cattle broke through from the field of B into that of C, and committed certain trespasses, for which 0 sought to recover damages from the owner of the cattle. It appeared tHat the portion of the division fence between O and B, which the latter was bound to maintain, was insufficient to turn stock, and that the cattle passed through that portion of the fence. The trespasses were committed before the owner of the cattle knew that they had been turned into the field of B: Held, that the owner of the cattle was not liable to respond in damages for the trespasses committed by them.</p>