OWNERSHIP OF ANIMALS 263 



persons from place to place, but also for such 

 traffic as commercial conditions may require. It 

 is therefore presumed that from time to time cat- 

 tle of various kinds and sizes may be driven from 

 place to place along the highway. The road is 

 therefore public property, and to be used by in- 

 dividuals for the common good. The owner of 

 adjacent land has no special rights in the road 

 which runs by his place. The highway is for pur- 

 poses of going, not for uses purely local. While 

 the tethering of animals along the side of the road 

 for grazing purposes might be ignored, still such 

 use of the public land is essentially a trespass, and 

 the owner would be held liable for any damage 

 which might result; such, for example, as the 

 frightening of a horse, causing a runaway, with 

 the possible death of the driver; or, the tripping 

 and injury of a horse passing properly along the 

 road, by a rope fastened on one side of the track 

 to a post or stake, and with a cow attached to the 

 other end. 



In general, therefore, it is the duty of every 

 owner of animals to fence his own land so that his 

 own animals will be restrained from wandering; 

 and it is the duty of every land owner to protect 

 his property by proper fences against the possible 

 inroads of animals properly passing in the pub- 

 lic highway. This means that the fences along 

 the highway are to keep animals either in or out, 

 while those away from the highway are to keep 

 the animals in. Cattle or sheep confined within 

 a pasture have abundant time and opportunity 

 for finding any possible weak place in the fence. 

 This means that a pasture fence must be very 



