Nuckolls v. Gaut
Supreme Court of Colorado
Error to County Court of Carfield County. Action for damage to crops done by trespassing cattle, brought by G. N. Gaut against Emmett Nuckolls. Verdiet and judgment for plaintiff, and defendant brings error.
1Opinion of the CourtChief Justice Helm
In this state ‘ ‘ the owners of crops can only recover damages done thereto by the trespasses of cattle when the same are, at the time of the trespass, inclosed by good -and sufficient fences.” Morris v. Fraker, 5 Colo. 425. The case cited holds that in the particular mentioned the principle of the common law is inapplicable here. If, since that opinion was written (about ten years ago), the circumstances and conditions have so changed as to justify a return to the common-law rule on the subject, the legislature should so declare. Until such legislative declaration is made we shall apply the…
2Cases cited1 opinion
- Morris v. FrakerSupreme Court of Colorado · 1880
3Cited by8 opinions
- Monroe v. CannonMontana Supreme Court · 1900
- Richards v. SandersonSupreme Court of Colorado · 1907
- Bolten v. GatesSupreme Court of Colorado · 1940
- Bell v. GonzalesSupreme Court of Colorado · 1905
- Kimple v. SchaferSupreme Court of Iowa · 1913
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