Oxford v. Peter
Illinois Supreme Court
This action was commenced before a justice of the peace, and taken by appeal to the Circuit Court of Iroquois county. A trial was had in that court, and a verdict was found in favor of appellee for twenty dollars, from which an appeal was taken to this court. The appellant directed a boy about thirteen years old then living with him, to go through his field, and if he saw any cattle in it, to drive them out.
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This action was commenced before a justice of the peace, and taken by appeal to the Circuit Court of Iroquois county. A trial was had in that court, and a verdict was found in favor of appellee for twenty dollars, from which an appeal was taken to this court. The appellant directed a boy about thirteen years old then living with him, to go through his field, and if he saw any cattle in it, to drive them out. He found a steer in the field, and drove him out, but there were other cattle near by the field in a lane, which the boy chased for a short distance, and one of them died. This action was…
1Opinion of the CourtWalker, J.
The evidence shows, that appellant directed Hiece to go through and drive out any catttle which he might find in the field. One animal was found in the field, which he drove out, and then pursued the cattle in the lane for some distance, and that in doing so, the cow in controversy fell, and was thereby killed. It is urged, that as the direction given was only to drive out the cattle, that by pursuing them on the outside of the field, Niece exceeded his authority, and that appellant is not liable for the damage occasioned by the animal’s death. That the direction to turn the cattle out of the…
2Cases cited1 opinion
- Tuller v. VoghtIllinois Supreme Court · 1851
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