154 HORSES GEAZING ON ROADSIDE. 



fence for the purpose of preventing the sheep from straying. Why did 

 the sheep stray ? "Was it not from the fence being insufficient ? 

 The jury must try the question as men of common sense. Probably 

 the sheep were alarmed by a dog, for sheep were not straying animals. 

 The jury found a verdict for the plaintiff, damages £30, in addition to 

 the £20 paid into court, and a rule for a new trial was refused. 



In Morn'.^ v. Jeffries (1 Q. B. 261), horses grazing on a road-sido 

 under the charge and control of a man duly authorized arc not liable to 

 be impounded as " wandering, straying, or lying," under d Geo. IV. c. 

 95, s. 75. 



