Legal Opinion

Porier v. Spivey

Court of Appeals of Georgia

Decided January 28, 1958No. 36927PublishedCited by 19 opinions

1Opinion of the Court

Felton, Chief Judge.

The law does not put an absolute duty on an owner to keep his livestock from running at large in a stock-law county. The only duty placed upon such owner is to exercise ordinary care to keep livestock from straying or running at large beyond the limits of the owner’s property. “At common law, if, by the negligent keeping of the owner of hogs, they strayed upon the land of another and injured his crops, it was a trespass for which the owner was answerable in damages; and the party injured might either impound the cattle until the owner should satisfy his damages, or he…

2Cases cited4 opinions

  1. Thombley v. HightowerCourt of Appeals of Georgia · 1936
  2. Bonner v. DeLoachSupreme Court of Georgia · 1887
  3. Griffin v. BentonCourt of Appeals of Georgia · 1955
  4. Porier v. SpiveyCourt of Appeals of Georgia · 1956

3Cited by19 opinions

  1. Coker v. StateSupreme Court of Georgia · 1975
  2. Pouncey v. AdamsCourt of Appeals of Georgia · 1992
  3. Ambrogini v. ToddMontana Supreme Court · 1982
  4. Lollar v. PoeSupreme Court of Alabama · 1993
  5. Scanlan v. SmithWashington Supreme Court · 1965

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