The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1911-11-09
Law About Domestic Animals.

Law About Domestic Animals.
every person has lawful right to
prevent the animals of other people
from trespassing on his premises, but
he must have some consideration for
the animals and their owner, and when
driving them away he is not justified
in using more force than is necessary
nor in inhcting upon them unneces-
sary pain or injury. Where a dog is
trespassing on "A mans premises, but
doing no actual injury, the owner OF
the place may drive him away, but has
no right to kill or injure him.
The owner Of domestic animals is
under legal obligation to prevent
them from trespassing upon the prem
Uses of other people, and persons who
have the care, control, or custody of
animals belonging to others, are also
under legal obligation to prevent them
from trespassing upon the property
of other parties. These obligations
are based upon what is called the COM
mon law and are somewhat qualified
by the laws concerning fences which
have been enacted in the various
states.
In many Of the states the law gives
person the right to dstrain or take up
animals which he finds trespassing up
on his premises. and hold them as Sc
curity for the payment of damages
caused by such trespass. Where per-
son distrains or takes up animals by
virtue of such law, he should be care
full to comply strictly with all the re-
quirements of the law that gives him
the right.
Where owners of adjoining farms
have partition fence between them,
each one keeping up Ger lain portion
thereof as designated by their agree
ment, or as fixed by the fence viewers,
and one of them fails or refuses to
keep up his part of the fence, and by
reason thereof his crops are injured or
destroyed by the other mans cattle
breaking through such defective fence,
he cannot, as a general rule, recover
damages by law for such trespass.
This rule is founded upon the theory
that his loss was caused in part at
least, by his own negligence in not
keeping in repair his part of the par
ttion fence
Domestic animals may cause dam
age in many ways besides that of tres
passing upon property. The owner of
animals is liable for all damages they
do, which are caused by his negli-
gence, or by the negligence of his SER
wants or employees, while they are in
charge of such animals within the
scope OF their employment, or under
the orders of their employer. If a per-
son is driving team on the public
highway, and by reason of his careless
| hNn' VI Nv NilN' ~ ihliS away anu
| causes injury to persons or property,
he is liable for the damages but if the
| runaway were not caused by his negli-
| gence he is not liable. For instance, n
team might be suddenly frightened,
| because Of some startling and unusual
noise, or at the sight of some unex-
pected and frightful object, and become
| unmanageable without any fault or
negligence on she part of the driver,
and run away and do damage, but in
such case the driver would not be
liable therefor.
If person knows that his horse or
team is tricky and liable to run away,
and leaves it in the street or road UNI
hitched, or with boy unable to man
age it, such conduc: amounts to negli-
gence, and he will be liable for all
damages caused thereby and where n
person bitches his team improperly or
negligently, and by reason thereof it
breaks away and does damage, he will
be liable therefor