Clear Creek Lumber Co. v. Gossom
Supreme Court of Alabama
Appeal from Elmore Circuit Court. Heard before Hon. A. H. Alston. Suit by Tom Gossom against the Clear Creek Lumber Company for damages for depredation of stock upon his growing crop. There ivas judgment for plaintiff, and defendant appeals.
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Appeal from Elmore Circuit Court. Heard before Hon. A. H. Alston. Suit by Tom Gossom against the Clear Creek Lumber Company for damages for depredation of stock upon his growing crop. There ivas judgment for plaintiff, and defendant appeals. It is the right of every owner to permit his cattle and stock to run at large and those who would avoid injury to tlieii* land must fence against it. — Hurd v. Lacey, 93 Ala. 428 ; Roe v. Baber, Id. 424; Pruett v. Ellington, 59 Ala. 545; M. cG O. R. R. Go. v. Williams, 53 Ala. 595; iV. d C. R. R. Co. v. Peacock, 25 Ala. 229. Unless the crops are enclosed…
1Opinion of the Court
McCLELLAN, j.
The complaint charges that the defendant “turned his stock or cattle loose or at large, and permitted or caused said stock to go upon said land and injure or destroy” the crops of the plaintiff growing thereon. In this state the owner of domestic animals is not liable for depredations committed by them on growing crops, unless the territory on which the crops are is inclosed in a lawful fence, or, unless the invaded territory is within a district in which the running of stock at large is prohibited by municipal ordinance or legislative act. The general rule is that stock must he…
2Cases cited2 opinions
- Johns v. JohnsSupreme Court of Alabama · 1890
- Hurd v. LacySupreme Court of Alabama · 1890
3Cited by4 opinions
- George v. Board of Revenue and Road Com'rsSupreme Court of Alabama · 1921
- Griffin v. FowlerAlabama Court of Appeals · 1918
- Griffin v. FowlerAlabama Court of Appeals · 1919
- Hardy v. GlassAlabama Court of Appeals · 1919