State v. Bain

Hart, J.,

(after stating the facts). This court has held that the doctrine of the common law, that, if the owner permits his stock to run at large and they enter upon the land of another, though uninclosed, he becomes a trespasser, is inapplicable to the condition and circumstances of our people, and has never been recognized in this State. L. R. & F. S. Ry. Co. v. Finley, 37 Ark. 562; and St. Louis I. M. & S. R. Co. v. Newman, 94 Ark. 458, 127 S. W. 735.

While this is true, it does not follow that the Legislature may not re-enact the common law, in whole or in part, or make that law the…