Gallegos v. Allemand

BRICE, Justice.

The question is whether the appellants are liable to the appellee for $35 damages because of a trespass made by their cattle on appellee’s land.

The trial court found that appellants’ lands were not enclosed by a legal fende and therefore under the statute, Secs. 49-1801 and 49-1803, N.M.Sts.1941, they are not so liable unless the trespass was willful. We stated in Wright v. Atkinson, 39 N.M. 307, 46 P.2d 667, 668:

“Relief as against willful trespass is not dependent upon the existence of the statutory fence. Hill v. Winkler, 21 N.M. 5, 151 P. 1014; Vanderford v. Wagner, 24 N.M.…