6o6 LEGAL DEPARTMENT. 



to the person producing it, and he has a right to dispose of it as he 

 pleases, the same as any other personal property. 



Escaped Cattle Upon Adjoining Premises When Driven Along 

 THE Highway. — While the owner is driving cattle along the highway 

 and they escape to the adjacent lands, and the owner of the cattle pursues 

 them and drives them off as soon as possible, such an entry upon. the 

 premises is but an involuntary trespass for which the owner of the 

 cattle should not be liable. (Rightmire v. Shepard, 36 N. Y. St. 

 Reporter, 768; The Tonawanda R. R. Co. v. Hunger, 5 Denio, 255; 

 ■i Waterman on Trespass, sec. 872. 



BARBED-WIRE FENCE. 



The statutes of the State of New York provide. Chap. 755, Laws of 

 1894, that " Barbed wire cannot be used in the construction of any 

 division fence constructed or built after September ist, 1895, unless 

 the person, association or corporation desiring to use such material, 

 shall first obtain the written consent of the owner of the adjoining 

 property that it may be used." 



Any person, association or corporation who shall construct or build 

 a division fence contrary to the provisions of this act, or who shall 

 maintain such fence after so constructing or building the same, shall 

 forfeit and pay to such adjoining owner or other person occupying such 

 adjoining property treble damages for all injuries occasioned to him 

 thereby. 



In the case of Rowland v. Baird, 18 Abb. N. C. 256, it was held that 

 a barbed-wire fence erected upon or near the division line is calculated 

 to cause serious injury and damage to the animals of the adjoining 

 owner, and is a nuisance rendering the owner liable for such injury. 



In the case of Rooney v. Aldrich, 44 Hun, 320, it was held: The 

 owner of a farm is liable for injury to animals upon an adjoining farm 

 by reason of his agent's negligence in the construction of a wire fence, 

 which he, according to agreement, was bound to maintain. " A person 

 is not liable in damages for building a high fence on his own land which 

 darkens his neighbor's windows, and this without regard to his motive." 

 (Pickard v. Collins, 23 Barb. 444.) 



