CIVIL remedies; measure of damages. 191 



with other years.^®^ Where no injury has been done and the 

 land to which animals are removed is superior to the other, 

 the court has refused to reverse a judgment for the defend- 

 ant.»»2 



Under a statute making it unlawful to tear down a division 

 fence except upon six months' notice, it was held that one 

 damaged thereby might recover the value of his cattle that 

 escaped and were not recovered after due diligence, but not 

 of those alleged to have died during the ensuing winter 

 months; and that he might also recover the reasonable ex- 

 pense of gathering and trying to gather the scattered cattle, 

 and damages for the injury to his pasture and the consump- 

 tion of grass by the defendant's cattle.^*' 



'" Proctor V. Irvin (Mont.), 57 Pac. Rep. 183. 



'■" Hecht V. Harrison, 5 Wyo. 279. 



'" St. Louis Cattle Co. v. Gholson (Tex. Civ. App.), 30 S. W. Rep. 269. 



