Ryall v. Allen
Supreme Court of Alabama
Appeal from Circuit Court of Marengo. Tried before the Hon. John C. Anderson. This suit was brought by L. J. Allen, the appellee, against J. S. Byall.
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Appeal from Circuit Court of Marengo. Tried before the Hon. John C. Anderson. This suit was brought by L. J. Allen, the appellee, against J. S. Byall. The complaint was as follows: “The plaintiff claims of the defendant the sum of $>125 damages fer that plaintiff avers and says that on or about the- first day of November, 1901, and at divers and sundry times thereafter, before the commencement of this suit, the defendant’s cattle and stock, consisting of horses, mules, hogs, goats and a large herd of cattle, entered into and upon plaintiff’s lands, where he had a crop growing and unharvested,…
1Opinion of the CourtHaralson, J.
Every man at common laAV ay as bound to keep his cattle Avitliin his OAvn enclosure, and failing, if they escaped and trespassed on the lands of *226another, the owner was liable for the resulting damage. But, that rule does not prevail in this State. Under our estray statutes, he, who would seek protection against animals running at large, must enclose against them by lawful fence. Section 2115 of the Code provides, that if any stock trespass upon- lands enclosed (by lawful fence), or embraced in a district in which stock is by law prohibited from running at large, the owner of such stock must…
2Cases cited3 opinions
- Moore v. HeinekeSupreme Court of Alabama · 1898
- Milligan v. PollardSupreme Court of Alabama · 1895
- Tranum v. Drum & EzekielSupreme Court of Alabama · 1895
3Cited by19 opinions
- Sunflower Lumber Co. v. Turner Supply Co.Supreme Court of Alabama · 1909
- Woodlawn Realty & Development Co. v. HawkinsSupreme Court of Alabama · 1914
- Montgomery County v. PruettSupreme Court of Alabama · 1911
- McGehee v. Western Union Tel. Co.Supreme Court of Alabama · 1910
- Staples v. SteedSupreme Court of Alabama · 1910
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