Taylor v. Welbey
Wisconsin Supreme Court
APPEAL from the County Court of Winnebago County. Replevin. The plaintiff distrained the cattle of the defendant damage feasant. The cattle, when so distrained, were in the highway (the fee of which belonged to the plaintiff), eating the grass therein. While the plaintiff was driving the cattle to the nearest pound, the defendant rescued them, and the plaintiff brought this action to recover the possession of the cattle.
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APPEAL from the County Court of Winnebago County. Replevin. The plaintiff distrained the cattle of the defendant damage feasant. The cattle, when so distrained, were in the highway (the fee of which belonged to the plaintiff), eating the grass therein. While the plaintiff was driving the cattle to the nearest pound, the defendant rescued them, and the plaintiff brought this action to recover the possession of the cattle. The foregoing facts having been proved on the trial by uncoutradicted testimony, the county judge - directed the jury to find for the defendant, and a verdict was rendered…
1Opinion of the CourtLyon, J.
The single question to be determined is, whether cattle pasturing 'in the public highway may lawfully be dis-trained damage feasant by the owner of the fee of such highway. We are of the opinion that they cannot, unless by virtue of some valid municipal by-law or ordinance.
A by-law of the town in which the defendant’s cattle were distrained, prohibiting cattle from running at large in the highways therein, was read in evidence; but it only inflicts a money penalty upon the owner of cattle violating the by-law, and does not attempt to give the remedy of distress. Such bylaw, therefore, does…
2Cases cited1 opinion
- Gould v. SullivanWisconsin Supreme Court · 1893
3Cited by5 opinions
- Kimball & Fink v. CarterSupreme Court of Virginia · 1897
- Miller v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1907
- Peck v. WilliamsSupreme Court of Rhode Island · 1903
- Atau v. Goo Wan HoyHawaii Supreme Court · 1916
- Goodrich v. CrabtreeWisconsin Supreme Court · 1910