The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1851-12-17
Fences and Roade

"a 'Ne'e'S" " Wv ~e' w wv
farming community has lately been delivered
by the Supreme CourI OF Michigan, in The
case Of L. Williams Us. the Michigan Central
Railroad Company. The plaintiff had some
horses, which, .traying from his premses in
10 the highway, and thence upon the rail
road we're Killed by a passing train. Hors>
Dearborn, where the accident occurred.
Suit was brought in the County Court. and
the case was reserved by the County Judge
for the opinion Of the Supreme Court-In
the course Of this opinion the whole subject
Of domestic animals straying on highway
is examined with great care; many legal
points hitherto populArIy held to be doubt
fuI are clearly elucidated, and while the de-
cision is aginm The plaintiff, on the score that
his horses we're trcsspassinq it is ably prov
ed that no animals have the right Of living
on the public ways unless the township owns
a bonn ide common, and has legally given
permission for ito use. As regards the Rail
road. we shall say no more, because it is a
mere local question affecting few; and it is
| nov settled for ever that no damages can he
recovered for animals killed while unlawfully
thereuponi but the other branch ofthe ques-
ton is OF great and vital Importance to the
farmers, probably in every part ofthe State,
and it has been, We believe, very generally
misunderstood. |, is the common practice
in many places that we are acquainted with,
for small or negligent farmers, short perhaps
Of pasture al homo, TO turn more or less Of
their stock on to the rosd to live. The con.
sequences universally are detrimental 10 the
interests Of the neighboring lands owners; a
gate can scarcely be opened but some of lhese
wandering arimals rush in; trees are des
troyed; fences brokeni the animals learn tC
DO breachy and leap into the standing crops
hedry and expensive fences must be maintain
ed and much i'll feeling is created in The
community. Hitherto, however. this evil ha
been looked upon az one not provided agains
in our laws and has been borne as othel
necessary evils are with such patience q
Heaven has blessed tho sufferer with. 1t i
now clearly shown tha, such an opinion wal
a mistake aud that whoever thus turns ou
his stock to pasture on the road on his neigh
bor's land is committing an illegal and dis
> honest act.
5 "This decision goes no further than to car
, ~ out an elementary principle in the com
mon Law. Horsos in the town Of Deaibor
!. being free comm0ners under some towpshl
f rule or regulation docs not exchange the ei
feet Of this principle Of common law, or th
vested private rights Of the drfendAnis or c
Y Their individual citizens. The idea that be
;. cause horses and cattle are free 'commone'
that therefore they have the lawful right I
, lrespcssing on private property is absurd
n prsposterous in the extreme. Wha, are Jr'
, commonersf Where may they run?
X Holiday Us. Marsh(3 Wend. Il l47) III
;. Supreme Court says. " Suppose n case whel
town has no common land, and they pass
bylaw permitting cattle and horses TO ru
at large, ,rhere are heyto rum Surely n
ON individual properiy.-Whers ih~n Z III
public has simply a right Of passage orer
4
in which the highway passes is the owner
the soil and timber, except what Is neressa
to make bridges. or otherwise aid in makiI
W the highway passabe. and If the owner OF q
10 soil owns the timber why not the grass
y The doctrine established by thisdecisioni is
Mt accordance with fundamental principle
I'd The common law, which has heen recognize
ct by elementary writcrs,nrd Judicial deeislo
" in England and this country for gre
Y length oi time. Though every highway
ne said to be the Kings, yet tho king las II
n. thing except the right OF passage for hims
Nd and his people the freehold and all The pI
TO 6i, As trees, &c., belong 10 the lord or owl
offhe soil, who may have action oil iresp'
ol ior digging up the ground Of the hiehwa,
IN 1t thus appears that every farmer ow
!, grass or pasture on the road in front OF
is own land. 1t as much his private pr'
,r. erty as that within the fence. II a. wisl
10. to consume this grass he is perfectly III
C. in putting his cattle upon il, DJy pny mef
he can keep them hers but II, Of a SURF
till they will wander on to BIS land, and eat
ng grass, then the act becomes illegal aud {
lse honest, quite as much so as il A. were
on tentionally 10 drive his cattle into B.s III
ar We trust that now the subject is nnders'o
me our farmers will take proper view oft,
lie, that this negligent habit, so full OF quar-
led apd social evils in its couNqnenees, vii