Armann v. Caswell
North Dakota Supreme Court
Appeal from tbe District Court of Pembina County, Kneeshaw, J. Our statute makes it unlawful for cattle to run at large at any time. Laws 1913, chap. 178, Comp. Laws 1913, §§ 2617 — 2622. But because cattle happen to be on the highway, it does not follow that they are running at large. “Running at large” means not under control of the owner; animals that are left and permitted to roam where they may go.
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Appeal from tbe District Court of Pembina County, Kneeshaw, J. Our statute makes it unlawful for cattle to run at large at any time. Laws 1913, chap. 178, Comp. Laws 1913, §§ 2617 — 2622. But because cattle happen to be on the highway, it does not follow that they are running at large. “Running at large” means not under control of the owner; animals that are left and permitted to roam where they may go. Plinman v. Chicago, R. I. & P. R. Co. 28 Iowa, 491; Grove v. Burlington, C. R. & N. Ry. Co. 75 Iowa, 163, 39 N. W. 24-8; Russell v. Cone, 46 Yt. 600; Wright v. Clark, 50 Yt. 130, 28 Am. Rep.…
1Opinion of the CourtBurke, J.
Plaintiff is a farmer living about one mile and a half west of the village of Gardar on the road to Milton. Said public road between said villages divides plaintiff’s farm almost in two, from east to west, is graded, and has a ditch and fence on each side thereof. At one side of the road is a telephone wire .strung upon poles. Plaintiff’s buildings are north of said road between 250 and 275 feet therefrom, and there is a lane running from the buildings to said road. The intervening ground is covered with timber and undergrowth, being situated some short distance from the Park river. Further…
2Cases cited5 opinions
- Decker v. McSorleyWisconsin Supreme Court · 1901
- Leonard v. DohertyMassachusetts Supreme Judicial Court · 1899
- Messer v. BrueningNorth Dakota Supreme Court · 1913
- Allen v. HazzardCourt of Appeals of Texas · 1903
- Donley v. FowlerMichigan Supreme Court · 1907