Loiseau v. Arp
South Dakota Supreme Court
Appeal from Circuit Court, Moody County. Hon. Joseph W. Jones, Judge. Action by Alfred A. Loiseau against William Arp. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. The owner of animals such as horses, oxen, sheep, etc., is under an unqualified obligation, at common law, to restrain them from trespassing upon the land of other persons.
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Appeal from Circuit Court, Moody County. Hon. Joseph W. Jones, Judge. Action by Alfred A. Loiseau against William Arp. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. The owner of animals such as horses, oxen, sheep, etc., is under an unqualified obligation, at common law, to restrain them from trespassing upon the land of other persons. And he is, therefore, unconditionally liable as a, trespasser himself, for any trespass committed by his animate property: The law conclusively presuming negligence against him, without regard to the facts of the…
1Opinion of the CourtCorson, J.
This is an appeal by the defendant from a judgment on a directed verdict in favor of the plaintiff. The action was instituted by the plaintff against the defendant in claim and delivery to recover the possession of two colts alleged to have been wrongfully detained by the defendant. The complaint is in the usual form, and the defendant in his answer denies each and every allegation therein contained, except as thereinafter expressly admitted; and the defendant alleges that on May 1, 1906, and for several days prior thereto, the two animals described in plaintiff’s complaint were trespassing…
2Cases cited2 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Pielke v. Chicago, M. & St. P. R.Supreme Court Of The Territory Of Dakota · 1889
3Cited by6 opinions
- Ford v. RobinsonSouth Dakota Supreme Court · 1957
- Blakey v. BoosSouth Dakota Supreme Court · 1967
- Christman v. United StatesCourt of Appeals for the Seventh Circuit · 1934
- Houska v. HrabeSouth Dakota Supreme Court · 1915
- Blakey v. BoosSouth Dakota Supreme Court · 1967
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