Bulpit v. Matthews
Illinois Supreme Court
Appeal from the Appellate Court for the Third District; —heard in that court on appeal from the Circuit Court of Christian County; the Hon. J. Fouke, Judge, presiding. This was trespass, originally brought before a justice of the peace, to recover damages done by stock of appellant to the crops of appellee.
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Appeal from the Appellate Court for the Third District; —heard in that court on appeal from the Circuit Court of Christian County; the Hon. J. Fouke, Judge, presiding. This was trespass, originally brought before a justice of the peace, to recover damages done by stock of appellant to the crops of appellee. On appeal to the Circuit Court,, it was stipulated, that appellee’s crops were uninclosed; that appellant kept his horses and mules, which did the damage, in a pasture enclosed by a good and sufficient fence to turn stock not breachy; that said stock was not breachy; that without fault,…
1Opinion of the CourtJustice Shope
The propositions submitted to be held by the trial court as the law, and refused to be held, fairly present the question whether the owners of domestic animals in this State are required by law to so keep them under control that no damage is done by them to the property of another, at their peril. The Circuit Court, in effect, held, that it was not necessary to fence against stock, but that the owner thereof is liable in damages if it trespass upon the lands of others, whether such land is enclosed or not, and irrespective of the reason or excuse for the animals being at large. By the common…
2Cases cited4 opinions
- Headen v. RustIllinois Supreme Court · 1866
- Case v. HallIllinois Supreme Court · 1859
- Misner v. LighthallIllinois Supreme Court · 1852
- Vogt v. DunleyIllinois Supreme Court · 1881
3Cited by27 opinions
- People v. GerschIllinois Supreme Court · 1990
- The People v. CallopyIllinois Supreme Court · 1934
- Town of Green River v. BungerWyoming Supreme Court · 1936
- Peile v. Skelgas, Inc.Appellate Court of Illinois · 1993
- Fugett v. MurrayAppellate Court of Illinois · 1941
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