Walker v. Bloomingcamp
Oregon Supreme Court
From Klamath : W. C. Hale, Judge. This is an action brought by W. Albert Walker against Henry Bloomingcamp and others to recover for the alleged trespass of defendants’ sheep upon the uninclosed lands of the plaintiff.
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From Klamath : W. C. Hale, Judge. This is an action brought by W. Albert Walker against Henry Bloomingcamp and others to recover for the alleged trespass of defendants’ sheep upon the uninclosed lands of the plaintiff. The complaint, after alleging plaintiff’s ownership of the land, avers: “That on divers days and times, between April 13, 1894, and April 21, 1894, the defendants unlawfully and willfully herded, and permitted to be herded, their bands of sheep upon the above lands, of which plaintiff was, by reason thereof, disturbed in his possession, and plaintiff’s grass on said land was…
1Opinion of the CourtChief Justice Bean
1. The common-law rule, by which the owner of domestic stock was made liable for the injury done by them to the uninclosed lands of another, is not in force in the portions of this state to which the fence law is applicable: Campbell v. Bridwell, 5 Or. 311. Here the rule prevails that uninclosed and unimproved lands are regarded as common of pasturage, and the owner of stock may suffer them to go at large and depasture such lands without being liable in trespass therefor. If the owner of the land would protect himself from such damage he must inclose it, or keep the stock off in some other…
2Cases cited6 opinions
- Lazarus v. PhelpsSupreme Court of the United States · 1894
- Powers v. KindtSupreme Court of Kansas · 1874
- Campbell v. BridwellOregon Supreme Court · 1874
- Delaney v. ErricksonNebraska Supreme Court · 1881
- Harrison v. AdamsonSupreme Court of Iowa · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Monroe v. CannonMontana Supreme Court · 1900
- Pacific Livestock Co. v. MurrayOregon Supreme Court · 1904
- Fry v. HubnerOregon Supreme Court · 1899
- Jones Land & Livestock Co. v. SeawellOregon Supreme Court · 1918
- Swanson v. GroatIdaho Supreme Court · 1906
2 more not listed; retrieve them via the Exa API.