Pacific Livestock Co. v. Murray
Oregon Supreme Court
From Grant: Morton D. Clifford, Judge. Action by the Pacific Livestock Company against Kenneth Murray for damages caused by defendant’s sheep on plaintiff’s unfenced land. Plaintiff bad judgment and defendant appeals. The case was submitted on briefs under the proviso of rule 16 of the supreme court: 35 Or. 587, 600. I. The common-law rule as to trespass ought not to be held applicable to the sparsely settled regions of this country.
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From Grant: Morton D. Clifford, Judge. Action by the Pacific Livestock Company against Kenneth Murray for damages caused by defendant’s sheep on plaintiff’s unfenced land. Plaintiff bad judgment and defendant appeals. The case was submitted on briefs under the proviso of rule 16 of the supreme court: 35 Or. 587, 600. I. The common-law rule as to trespass ought not to be held applicable to the sparsely settled regions of this country. It is to the public interest to condone unintentional trespasses: Powers v. Kindt, 13 Kan. 74 ; Wingrove v. Williams, 6 Kan. App. 262 (51 Pac. 52); Willard v.…
1Opinion of the CourtJustice Bean
This is an action to recover damages for the trespass of defendant’s sheep upon plaintiff’s uninclosed grazing lands in Grant County in the year 1902. Plaintiff had judgment 'for $525, and defendant appeals. It is unnecessary to set out the pleadings or the facts in detail. Two questions are presented for decision : (1) Whether an action can be maintained for the depasturing of uninclosed lands in Grant County by sheep under the charge of a herder, without alleging and proving either that the premises were inclosed by lawful fences, or that the sheep were knowingly and wilfully driven and…
2Cases cited17 opinions
- Barter v. County of PimaArizona Supreme Court · 1886
- Ex parte HoweOregon Supreme Court · 1894
- Bileu v. PaisleyOregon Supreme Court · 1889
- Strickland v. GeideOregon Supreme Court · 1897
- Lommeland v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1886
12 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- People v. GrantCalifornia Court of Appeal · 1990
- Smith v. PallayOregon Supreme Court · 1929
- Montgomery v. SomersOregon Supreme Court · 1907
- Wallace v. American Life InsuranceOregon Supreme Court · 1924
- BRINK ET UX v. Multnomah CountyOregon Supreme Court · 1960
16 more not listed; retrieve them via the Exa API.