Evans v. McLalin
Missouri Court of Appeals
Appeal from Saint Clair County Circuit Court. — Now. Chas. A. Calvird, Judge. (1) Trespassing chickens and likewise cattle and horses could he restrained at common law and the owners thereof were liable in damages for the trespassing of same. 3 Blackstone Com., page 7.; 2 Cyc., page 402, note 73; State v. Neal, 120 N. C. 613, 27 S. E. 81, 58 Am. St. 810'; McLean v. Berkabile, 123 Mo. App. 652; O'’Riley v. Diss, 41 Mo. App. 188; Browney v. Railroad, 102 Mo.
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Appeal from Saint Clair County Circuit Court. — Now. Chas. A. Calvird, Judge. (1) Trespassing chickens and likewise cattle and horses could he restrained at common law and the owners thereof were liable in damages for the trespassing of same. 3 Blackstone Com., page 7.; 2 Cyc., page 402, note 73; State v. Neal, 120 N. C. 613, 27 S. E. 81, 58 Am. St. 810'; McLean v. Berkabile, 123 Mo. App. 652; O'’Riley v. Diss, 41 Mo. App. 188; Browney v. Railroad, 102 Mo. App. 446; Clark v. Keliher, 107 Mass. 409. (2) The court will take judicial notice of the adoption of the common law in Missouri: Also…
1Opinion of the CourtSturghs, J.
This is a suit for damages resulting from trespassing chickens. The plaintiff is a farmer and adjacent landowner to the defendants who owned the chickens which have trespassed on plaintiff’s land and damaged his garden and growing crops. The trial court sustained a demurrer to the petition and' the sole question is as to defendants ’ liability for damages so occasioned. The real question is whether under the law of this State, in the absence of any express statute on the- subject, the owner of domestic fowls must so restrain them as to prevent their trespassing on the land of another or must…
2Cases cited15 opinions
- Buford v. HoutzSupreme Court of the United States · 1890
- Pike v. MegounSupreme Court of Missouri · 1869
- Venable v. Wabash Western Railway Co.Supreme Court of Missouri · 1893
- St. Louis & San Francisco Railway Co. v. Evans & Howard Fire Brick Co.Supreme Court of Missouri · 1884
- Ewing v. Vernon CountySupreme Court of Missouri · 1909
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3Cited by3 opinions
- Weber v. MadisonSupreme Court of Iowa · 1977
- Tate v. OggSupreme Court of Virginia · 1938
- Drainage District Number 23 of New Madrid County v. HetlageMissouri Court of Appeals · 1937