Saint Mary's beacon. [volume] (Leonard Town, Md.) 1867-1983, 1879-07-03
The Law OfTrespass.

A correspondent ofthe .Ntw Engiana
Farmer puts a question TO the editor,
which is explained and answered as
follows
"This question ofIfsB,Iity for damage
caused by the poisoning of cattle which
break into your potato field -, as il
seems to US, by no means an intricate
one. II 10 o fandamental principle in
law That The owner Of animals must
roth protect and restrain them when
you bee5me the owner Of an animal you
IRE expected 10 shelter and feed That
animal at your own expense, and not Al
the expense Of your neighbor. So,
when you buildla stall, shed, barn OF
fence Il is for the purpose of keeping
your own cattle in safe and eomlorta-
bic place, and not for keeping your
neighbours cattle away. II IS his bust
mess 10 do that, provided he has any
cattle to keep. II he has no cattle he
should certainly not be taxed tor Gen-
cling IN or providing in any way for
yours.
"lf you choose TO use your land for
growing potatoes while your neighbor
uses his for pasturing animals, your duty
to him OF the public does not require
you 10 keep watch over his cattle
That 10 his business. In the present
state Of public opinion, potato bugs have
no rights which potato growers are
bound 10 respect further than this that
ell animal life has q claim upon man
that, when for the protection Of him
self il becomes necessary to take that
life, IL shall not be done On needlessly
cruel OF inhuman manner. To catch
insects and then torture them by burn
Ing in Q slow FIRE is barbarous, because
Il causes needless saaesing to the an
sects, 90 say nothing of the moral effect
upon Yourself, your children or others
who may witness the torture. Still,
you have right 10 destroy the bugs,
and TO do Il in the quickest and cheap
est way. IL you. can poison them BY
sprinkling the vines with Paris green
cheaper or more eifectually than by
pinching them singly between the
thumb and fingers. you have perfect
right 10 do so. provided you use due
care that no person Of animal 10 pois-
oned ia consequence.
"You have no right to use the poison
90 iFeeiyUpTxFeigssiy windy day
that.sa shalf be blown upon your neigh
boris pasture asd thus poison hiss cattle.
but 10 your neighbor's cattle break
through his fence into your potato field
and get poisoned they are trespassing,
and must suffer the consequence both
ei your loss aud his own. Ard as your
potato fiels needs no fence to keep your
crops at home, you are not required to
fence II, but can act according 10 your
own convenience in the matter. II %
your neighbof's business 10 keep his
cattle out.
'"fhere is statute law in Masxa-
ehusetts (chap. 1871, sec. 80, gen. sts.)
which provides that "Nhoever wilfully
and malicioUsly kills. MAINS or dis6g-
uTes any horses, cattle oF other beast Of
ansther person. or wiliully and mali-
caously administers poison 10 any such
beasts, or exposes any poisonous SUBJ
stance with intent that the same shall
be taken or swallowed by them. shall
Be pnished by imprisonment in the state
prison not exceeding Eve years. or by
line not exceeding 1000 and rmpfis-
onment in the jail not exceeding one
year
"Sprinkling Paris green on your own
potato vines, in your own Geld. 10 kill
IN sects 10 in no sense swillui or MALI
cious exposure with intent TO kill your
ngishbor's cattle. which have no busi-