278 ANIMALS TRESPASSING AND RUNNING AT LARGE. 



mischief, subject his owner to the action of trespass quare 

 clausum as cattle and other animals which are naturally in- 

 clined to rove and winged animals that prey upon the crops 

 may do, yet if the owner trespass and while on the land his. 

 dog unbidden and against his will does mischief, that action 

 will lie for the injury." ^^^ 



The damage done to a fence by a poacher's dog in pursuit 

 of game is not "malicious injury." ^^' And it has been held 

 that the driving of a herd of sheep across unenclosed wild 

 lands, not permitting them to graze more than sheep usually 

 graze while being driven to another place, is not a malicious 

 trespass, where there is no evidence of malice. ^^^ 



The subject of injuries by dogs is treated of in other parts 

 of this work.^^* 



The owner of animals is liable for the direct results of their 

 trespass. Where rams trespassed on another's land and got 

 his ewes with lamb, the owner of the rams is liable. "As it is 

 unnecessary to prove negligence, so it is unnecessary to prove 

 a scienter, because every one is presumed to be aware of the 

 natural instincts common to all animals." ^^* And damages 

 received for an injury to the close itself by a stallion breaking 

 in, do not bar a subsequent action for his having got a mare 

 with foal, that fact not being known at the time.^^^ Where 

 A.'s unpedigreed bull allowed unlawfully to run at large got 

 B.'s thoroughbred cow with calf, it was held that the damages 

 should not be restricted to the mere physical injury but were 

 the difference in the cow's value for breeding purposes before 

 and after meeting the bull.^^s j>^^^ where the defendant's 

 buck lambs escaped and got the plaintiff's ewes with lamb out 

 of season, it was held that the measure of damages was the 



"' Butler, J., in Woolf v. Chalker, 31 Conn. 121, 128. 



"' Reg. V. Prestney, 3 Cox C. C. 505. 



"" State V. Johnson (Wyo.), 54 Pac. Rep. 502. 



"' See Title III, Ch. I, supra, and Title IV, Ch. Ill, infra. 



"'' Cargill V. Mervyn, 2 N. Z. Jur. N. S. 50, cited in 12 Ir. L. T. 376. 



'" Hagan v. Casey, 30 Wis. 553. "" Crawford v. Williams, 48 la. 247. 



