Yeazel v. Alexander

Citations

• 58 Ill. 254

Syllabus

<p>1. Police eowbb oe a State—prohibition of the importation of Team and OheroJcee cattle. The act of February 27, 1867, to prevent the importation of Texas and Cherokee cattle into this State, as a means of protection to native cattle, to which the former communicate a dangerous and fatal disease at certain seasons of the year, is a mere exercise of the police power of the State, which has never been delegated to the federal government, and which it is competent for the Slate to exercise.</p> <p>2. Hor is the law obnoxious to the objection that it unnecessarily extends the prohibition to all seasons of the year, beyond the probable danger of infection. The power to impose some restraint existing, the courts will not declare the act void merely because the legislature may not, in that regard, have adjusted nicely the character of the prohibition. The statute is not an improper restraint upon the right to acquire, use, and dispose of property.</p> <p>3. Constitutional law—right to acquire, use and dispose of property. The act is not an improper restraint upon the right to acquire, use, and dispose of property, as secured by the constitution.</p> <p>4. Joint and several—liability for torts. If several persons jointly commit a tort, some, or all, may be sued jointly', or one separately,—a tort being, in its nature, the separate act of each. But one is never liable for the tort of another, unless they act in concert; and several will not be held liable for the acts of one without co-operation, or their conduct naturally produced the acts which resulted in injury. Where the acts of different persons are entirely distinct and separate as to any aid, advice, counsel or countenance, from one to the other, there can not be a joint liability.</p> <p>5. Same—as to injury caused by animals. The same principles apply to cases of injury occasioned by animals owned by different persons. There must be a joint interest in the property, or concert in its use or management, or there c