Adams Bros. v. Clark

Opinion of the Court by

Judge.Sampson

Reversing.

By this appeal we are asked to decide whether the owner of trespassing chickens which have crossed over a lawful fence, as defined by onr statutes, and eaten and destroyed grain and garden vegetables of great value of another, is liable for the loss and damage thus occasioned by his fowls. It is a case of first impression in this jurisdiction. Indeed there appear to be few cases upon the subject found in the reports of either England or America, and the text writers have carefully avoided the question, although we do find many texts by learned *280writ…