Legal Opinion
Boyd v. Grove
Oregon Supreme Court
Decided June 4, 1918PublishedCited by 6 opinions
From Harney: Dalton Biggs, Judge. In Banc. This is an action brought to recover damages for trespasses on plaintiff’s lands by defendants’ sheep. The trespasses are alleged to have taken place April 12, 1917, and May 3, 1917. Plaintiff alleges that the sheep ate the grasses growing on his lands and tramped out the roots. The jury found for plaintiff in the sum of $300 and defendants appeal from a judgment on this verdict.
1Opinion of the Court
McCAMANT, J. —
1. Error is assigned on the instruction given that plaintiff was entitled to at least nominal damages. The fifth paragraph in the first count of the complaint is as follows:
“That on or about the 12th day of April, 1917, the defendants wrongfully, unlawfully, and without the plaintiff’s consent, and against his will, herded, grazed, and pastured a band of approximately 700 of their sheep on the said land, they well knowing that the land belonged to the plaintiff and that the plaintiff would not permit trespassing thereon, and whereby on account of the said acts of the defendants…
2Cases cited15 opinions
- Bogk v. GassertSupreme Court of the United States · 1893
- Blagen v. ThompsonOregon Supreme Court · 1892
- Montgomery v. SomersOregon Supreme Court · 1907
- American Smelting & Refining Co. v. Riverside Dairy & Stock FarmCourt of Appeals for the Eighth Circuit · 1916
- Pacific Livestock Co. v. MurrayOregon Supreme Court · 1904
10 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Marr v. PutnamOregon Supreme Court · 1958
- Wynn v. SundquistOregon Supreme Court · 1971
- Coos Bay Logging Co. v. BarclayOregon Supreme Court · 1938
- Skultety v. HumphreysOregon Supreme Court · 1967
- Littlepage v. Security Savings & Trust Co.Oregon Supreme Court · 1931
1 more not listed; retrieve them via the Exa API.