LEGAL DEPARTMENT, 587 



places; keeping milk cows in unhealthy places, and feeding them with 

 food producing unwholesome milk; running horses on highways, etc. 



A person has no right to kill trespassing animals. He must resort 

 to his legal remedy of impounding them, or bringing an action for 

 damages, and it is unlawful to entice a neighbor's animals into danger 

 by setting traps baited with strong scented meat, or resorting to any 

 other contrivance by which they might be injured or destroyed. 



DISEASED CATTLE. 



It is not unlawful for the owner of cattle affected with a contagious 

 disease to keep them on his own premises, and he will not be liable if 

 the disease is communicated to other cattle on adjoining lots, if he, 

 while knowing of the diseased condition of the cattle, is not negligent 

 in the manner of keeping them. And it has been held, even if he 

 keeps them on a portion of his property not enclosed where other 

 cattle also have a right to come, he will not be guilty of negligence if 

 he gives the owners of such other cattle notice of the diseased condi- 

 tion of his cattle. (Walker v. Herron, 22 Texas, 55.) 



This rule does not hold good in Illinois. (Mount v. Hunter, 58 111. 

 246; Herrick v. Gray, 83 111. 85.) 



In case of trespass by diseased cattle, in consequence of which the 

 disease is communicated to others, the owner will be liable if he is 

 unaware of the diseased state of his cattle. (Barnum v. VanDusen, 

 16 Conn. 200.) 



Where defendant allowed diseased sheep to escape through a defect 

 in his part of the fence, and to communicate the disease to plaintiff's 

 sheep, he will be liable, and the fact that the disease had been pre- 

 viously communicated to his sheep by one of plaintiff's sheep, will not 

 avail him. (Herrick v. Gray. 83 111. 85, supra.) 



The owner of animals affected with a contagious disease has no 

 right to bring them in contact with other animals, as to water them at 

 a public tank used by sound animals of other owners, or to bring a 

 glandered horse upon a farm of another who has a sound horse there. 

 If by any such means the disease should be communicated, he will be 

 liable in damages. (Mills v. N. Y. etc. R. Co., 2 Rob. 326; Hite v. 

 Blandford, 45 111. 9.) 



The sale of diseased animals, where the vendor knows of the pres- 

 ence of the disease, and fails to communicate his knowledge to the 

 purchaser, the vendor is liable for all damages resulting from the 



