Joiner v. Winston
Supreme Court of Alabama
Appeal from the Circuit Court of Sumter. Tried before the Hon. Luthee R. Smith. This action was brought by William O. Winston, against Orrin R. Joiner, to recover damages for trespasses committed by defendant’s cattle on plaintiff’s lands, situated in “Lacey’s Beat” in said county; and was commenced before a justice of the peace, on the 1st August, 1874. On appeal to the-Circuit Court, by the defendant, the plaintiff there Sled an amended complaint, claiming $25 damages,…
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Appeal from the Circuit Court of Sumter. Tried before the Hon. Luthee R. Smith. This action was brought by William O. Winston, against Orrin R. Joiner, to recover damages for trespasses committed by defendant’s cattle on plaintiff’s lands, situated in “Lacey’s Beat” in said county; and was commenced before a justice of the peace, on the 1st August, 1874. On appeal to the-Circuit Court, by the defendant, the plaintiff there Sled an amended complaint, claiming $25 damages, “for that on or about the 27th July, 1874, and at divers other times after March 6th, 1876 (?) and before the commencement…
1Opinion of the CourtBrickell, C. J.
By the common law,, every man was bound to keep his cattle within his own close, and to prevent them from escaping or straying upon the premises of his neighbor. If they did escape, going without permission' upon the lands of another, the owner was liable in trespass-for the resulting damages. . This rule of the common law is not of force in this State, being inconsistent with the general statutes in reference to estrays, inelosures and trespasses by cattle, which, in effect, treat lands uninclosed as common pasture, and require the owner or occupier of lands, seeking protection from…
2Cases cited7 opinions
- Gunn v. HowellSupreme Court of Alabama · 1855
- Wyatt's Adm'r v. RamboSupreme Court of Alabama · 1857
- McCravey v. RemsonSupreme Court of Alabama · 1851
- Smith v. SpeedSupreme Court of Alabama · 1874
- Nashville & Chattanooga Railroad v. PeacockSupreme Court of Alabama · 1854
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Chamblee v. ColeSupreme Court of Alabama · 1900
- Bray v. StateSupreme Court of Alabama · 1903
- Savage v. WallaceSupreme Court of Alabama · 1910
- Shehane v. BaileySupreme Court of Alabama · 1895
- Tillery v. TillerySupreme Court of Alabama · 1927
15 more not listed; retrieve them via the Exa API.