McBride v. Lynd
Illinois Supreme Court
Appeal from the Court of Common Pleas of the city of Elgin; the Hon. R. G. Montony, Judge, presiding. This was a suit originally commenced before a justice of the peace, in Kane county, by James Lynd, against Thomas McBride, to recover damages claimed by the plaintiff by reason of the hogs of the defendant entering his field and destroying his crops. The cause was removed into the court of common pleas, where a trial resulted in a verdict and judgment for the plaintiff.
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Appeal from the Court of Common Pleas of the city of Elgin; the Hon. R. G. Montony, Judge, presiding. This was a suit originally commenced before a justice of the peace, in Kane county, by James Lynd, against Thomas McBride, to recover damages claimed by the plaintiff by reason of the hogs of the defendant entering his field and destroying his crops. The cause was removed into the court of common pleas, where a trial resulted in a verdict and judgment for the plaintiff. The defendant appeals to this court. It appears the hogs entered the plaintiff’s inclosure through a division fence, from an…
1Opinion of the Court
Per Curiam :
The parties were in possession of adjoining fields.
The hogs of appellant were in his own inclosure, and entered upon the field of appellee through a division fence, and committed trespasses upon the crops of the latter, for which he recovered a judgment.
The fence dividing the fields was not a partition fence, under the statute. Hence, the condition or sufficiency of the fence is not involved.
Under such circumstances, appellant was bound to secure his hogs, in his own field, at his peril. The rule of the common law prevails in such eases, that each man is bound to take care of, and…
2Cases cited1 opinion
- McCormick v. TateIllinois Supreme Court · 1858
3Cited by4 opinions
- McNeer v. BooneAppellate Court of Illinois · 1893
- Blasdel v. FinksSupreme Court of Oklahoma · 1914
- Lorance v. HillyerNebraska Supreme Court · 1898
- City of Dixon v. MesserAppellate Court of Illinois · 1907