TITLE IV. 

 LIABILITIES OF OWNERS OF ANIMALS. 



CHAPTER I. 



ANIMALS TRESPASSING AND RUNNING AT LARGE. 



70. The common-law rule with re- "](>. General rules affecting liability; 



gard to restraining animals. scienter; intention; recovery. 



71. Abrogation of the common- •}•]. When animals are "running at 



law rule. large": pasturing in the high- 



72. Division fences. way. 



73. Sufficiency of the fence. 78. Statutes and ordinances regu- 



74. Nature and results of the tres- lating running at large. 



pass. 79. Distress. 



75. Animals straying from the 80. Other remedies against tres- 



highway. passing animals. 



70. The Common-Law Rule with Regard to Restraining Ani- 

 mals. — At the common law it was the duty of the owner or 

 keeper of animals to restrain them from trespassing on the 

 lands of others whether enclosed or unenclosed, and the latter 

 had a right of action for such trespasses without regard to 

 whether the lands were protected by fences or not.^ The 

 only exception to this irule was where by statute, written 

 agreement or prescription the owners of adjoining lands were 

 obliged to maintain partition fences: in this case the party 

 complaining of the trespass had first to show that he had ful- 



^ Cooley Torts, 2d ed., 397. 

 258 



