Walter v. Echanis

This is an action to recover damages

for trespass by sheep on the land owned by plaintiffs. The allegations of the complaint, so far as material to the issues presented on this appeal, are that the defendants, between May 1, 1937, and June 23, 1937, drove and herded a band of approximately 1800 sheep over and upon land of the plaintiffs, thereby destroying the “grass and other herbage and pasturage thereon” and injuring and destroying the roots thereof to plaintiffs’ damage in the sum of $500.

Defendants admit the trespass which, they aver, was due to inadvertence and mistake but allege the…