Jones Land & Livestock Co. v. Seawell
Oregon Supreme Court
From Malheur: Dalton Biggs, Judge. In Banc. This is an action to recover damages for the trespass of sheep upon the unfenced lands of the plaintiff.
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From Malheur: Dalton Biggs, Judge. In Banc. This is an action to recover damages for the trespass of sheep upon the unfenced lands of the plaintiff. The complaint, after reciting the ownership and possession of certain described lands in the plaintiff, continues as follows: “That on said- day of June, 1917, and while plaintiff was so the owner and possessor of the said premises, the defendant wrongfully broke into and entered upon said premises and drove a large band of sheep in and upon said land, causing his sheep to pasture the said land and to eat and destroy the grass thereon; that the…
1Opinion of the CourtBenson, J.
Defendant urges very earnestly:
“That modern legislation in this state, together with the changed conditions in eastern Oregon, and the customs of the stockmen residing there, has abrogated the common-law rule in regard to animals running at large in the state.”
In support of this contention our consideration is directed to the cases of Campbell v. Bridwell, 5 Or. 311, and Walker v. Bloomingcamp, 34 Or. 391 (43 Pac. 175, 56 Pac. 809). As regards the first of these eases, it may be observed that the decision is based upon the statute then existing in relation to trespass by stock, and in the…
2Cases cited9 opinions
- Barter v. County of PimaArizona Supreme Court · 1886
- French v. CresswellOregon Supreme Court · 1886
- Campbell v. BridwellOregon Supreme Court · 1874
- Burrell v. KernOregon Supreme Court · 1899
- City of Seaside v. Oregon Surety & Casualty Co.Oregon Supreme Court · 1918
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Emmons v. Southern Pac. Co.Oregon Supreme Court · 1920
- Derrick v. Portland Eye, Ear, Nose & Throat HospitalOregon Supreme Court · 1922
- Egli v. HuttonOregon Supreme Court · 1931
- Savage Adm'x v. PalmerOregon Supreme Court · 1955
- Streby v. State Industrial Accident CommissionOregon Supreme Court · 1923
7 more not listed; retrieve them via the Exa API.