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 
