148 INJURING AND KILLING ANIMALS. 



a natural result of the trespass, etc. Some of the cases have 

 been already discussed in § 42, supra. 



The owner of a lot on which green sorghum was growing, 

 who left his fence down, was held not liable for the value of a 

 cow killed by eating the sorghum, the court finding as a fact 

 that it is not generally injurious to stock.^®^ So, where the 

 plaintiff's ox got into the defendant's cornfield through an 

 insufficient fence and ate corn, from the effects of which it 

 died, the defendant was held not liable.^'** 



An action will not lie for carelessly leaving maple syrup in 

 one's unenclosed wood whereby plaintiff's cow, suffered to 

 run at large, drank it and died, the cow being wrongfully in 

 the wood; otherwise, if she had been there by defendant's 

 permission.^"* And where oxen died from eating brine left 

 on uninclosed land, the situation of the place, its proximity 

 to the haunts of cattle, and the risk of injury must be stated 

 clearly in the declaration to make a case of liability for negli- 

 gence.^''* 



A manufacturing company is not liable for the death of 

 animals where they stray upon its unenclosed land and eat a 

 poisonous substance deposited in the ordinary course of 

 manufacture,^"-"* nor, where it has abandoned its business, 

 leaving some poisonous products on the land sufficiently 

 guarded at the time.^"® 



A land-owner who is under no duty to fence against his 

 neighbor's cattle is not liable for the death of the latter's 

 horse from eating the leaves of a yew tree growing upon the 

 former's land but not projecting over the division line be- 

 tween them.^''^ But where an adjoining owner was liable by 



"' Fennell v. Seguin St. R. Co., 70 Tex. 670. 

 "" Herold v. Meyers, 20 la. 378. 

 "" Bush V. Brainard, i Cow. (N. Y.) 78 



'" Hess V. Lupton, 7 O. 216. See Henry v. Dennis, 93 Ind. 452, cited 

 in § 42, supra. 

 '" Ferguson v. Miami Powder Co., 9 O. Circ. Ct. 445. 

 "° Morrison v. Cornelius, 63 N. C. 346. 

 "'Ponting i;. Noakes, [1894] 2 Q. B. 281. Collins, J., said: "Does it. 



