Carey v. Schweitzer

Harrington, J.,

delivering the opinion of the court:

Subject to an exception under certain circumstances, with respect to cattle being lawfully and properly driven on the public highway (Minor & Wurtz on Real Property, 117; 3 C. J. 133, § 403; Erdman v. Gottshall, 9 Pa. Super. St. 295), which exception need not be considered here, the common-law rule required every person, by fences or otherwise, to keep his cattle on his own premises, and if they strayed upon his neighbor’s lands, they were trespassers and the owner was liable. 3 C. J. 125, § 393; Minor & Wurtz on Real Property, 116, 117;…