20G TRESPASS. 



injury was unduly postponed, tbc Court said : — " The word 

 r)iora suggests mere delay, but I am free to admit that in 

 the ordinary case delay of itself is not sufficient to establish a 

 plea of 01107X0, and that abandonment must be implied in the 

 delay. But when the claim is one which requires constitu- 

 tion . . , the plea of inora will be justified by delay for a 

 certain length of time in constituting the claim. ... It is 

 unfair that a man should be allowed to keep back a claim of 

 this kind until it suits him to bring it forward, when all 

 means of rebutting it may have been lost. (a) 



166. Trespass. — Where the injured party is trespassing 

 where he has no business to go, and is injured, he cannot 

 recover, as he is the author of his own wrong, and this 

 applies also to children. (6) When a party's horses or cattle 

 break in among the crop or stock of a neighbour, the ser- 

 vants of the latter are entitled and bound to use ordinary and 

 reasonable compulsion to drive them away, and if any 

 accident happen to the animals trespassing from the means 

 used, it is a casualty which the owner must take upon him- 

 self.(c) 



(a) Cook V. N. B. Ry. Co., 1872, 10 M. 513. 



(6) Balfour v. Baird, 1857, 20 D. 238, see § 162. 



(c) Cumming v. TurnhuU, 1840, 2 D. 579 ; Herriot v. Unthanl; 1827, 6 S. 211. 



