Delaney v. Errickson
Nebraska Supreme Court
Error to the district court for Dodge county. The action there was brought by Errickson, who claimed damages for trespass on a quarter section of land of which he was the lessee, and on which he alleges Delaney grazed his cattle and sheep for two or three months during the summer of 1879. Errickson’s title to the land was put in issue by the answer, and there was a further defense by Delaney “that the said land is, and always has been, uncultivated, uninelosed, wild prairie…
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Error to the district court for Dodge county. The action there was brought by Errickson, who claimed damages for trespass on a quarter section of land of which he was the lessee, and on which he alleges Delaney grazed his cattle and sheep for two or three months during the summer of 1879. Errickson’s title to the land was put in issue by the answer, and there was a further defense by Delaney “that the said land is, and always has been, uncultivated, uninelosed, wild prairie land, and is, and ever since the first settlement in Dodge county has been, common grazing land for the cattle and sheep…
1Opinion of the CourtOobb, J.
It cannot be denied that at common law every one was obliged at his peril to keep his domestic animals off of the lands of another, and it made no difference whether such lands were inclosed or uninclosed, cultivated or uncultivated.
The first legislature convened in the territory of Nebraska passed an act which (in substance) now constitutes chapter ten of the general laws, and is in the following words: “So much of the,common law of England as is applicable and not inconsistent with the constitution of the United States, with the organic law of this territory, or with any law passed or to be…
2Cited by16 opinions
- Rupert v. PennerNebraska Supreme Court · 1892
- State v. HalsteadSupreme Court of Iowa · 1887
- Delaney v. ErricksonNebraska Supreme Court · 1881
- Keith v. TilfordNebraska Supreme Court · 1882
- Triplett v. Western Public Service Co.Nebraska Supreme Court · 1935
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