Demetz v. Benton
Missouri Court of Appeals
Appeal from the Clinton Circuit Court. — Hon. J. M. Sandusky, Judge. (1) At common law it was the duty of every man to restrain Ms cattle within the limits of his own inclosure ; and for an injury resulting from disease communicated by them while trespassing upon the lands of others, the owner was as much bound as if he had voluntarily permitted them to go at large (Addison on Torts, 459; Cooley on Torts, 337); and. under our special stock law the same rule applies.
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Appeal from the Clinton Circuit Court. — Hon. J. M. Sandusky, Judge. (1) At common law it was the duty of every man to restrain Ms cattle within the limits of his own inclosure ; and for an injury resulting from disease communicated by them while trespassing upon the lands of others, the owner was as much bound as if he had voluntarily permitted them to go at large (Addison on Torts, 459; Cooley on Torts, 337); and. under our special stock law the same rule applies. Bradford v. Floyd, 80 Mo. 207. (2) And the fence between the premises of plaintiff and defendant not appearing to be made a…
1Opinion of the CourtSmith, P. J.
The substantive cause of action stated in the plaintiff’s petition is, that the defendant, who was the owner of a certain number of hogs, which he knew were infected with a fatal and contagious disease, negligently placed them so as to communicate the said disease to the hogs of the plaintiff, and from which some forty-nine of them died. The answer denied this. There was evidence introduced tending to show that the defendant was the owner of a twenty-acre enclosed lot, in the southeast corner of which was a corral, or feed lot. The latter was separated from the pasture of the plaintiff by a…
2Cases cited5 opinions
- Thorpe v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1886
- Holmes v. BraidwoodSupreme Court of Missouri · 1884
- Margrave v. AusmussSupreme Court of Missouri · 1873
- Reddick v. NewburnSupreme Court of Missouri · 1882
- Canefox v. CrenshawSupreme Court of Missouri · 1857
3Cited by4 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. DixonIndiana Court of Appeals · 1911
- Evans v. McLalinMissouri Court of Appeals · 1915
- Sedalia Gaslight Co. v. MercerMissouri Court of Appeals · 1892
- Logan v. Enterprise Investment & Improvement Co.Missouri Court of Appeals · 1892