NATURE AND RESULTS OF THE TRESPASS. 279 



difference in value of the ewes for breeding purposes before 

 and after that time, and not the value of the lambs perishing 

 by reason of being born in cold weather.^^^ Damages cannot 

 be recovered for the loss of prospective mule colts where a 

 stallion trespassed in the pasture where mares were kept with 

 a jack, thereby keeping the jack away : such damages are too 

 speculative.^^^ 



The subject of liability for the communication of disease 

 is treated of elsewhere/^^ 



In an action to recover damages for trespass in destroying 

 the plaintiff's fences and trampling on and destroying his 

 grain, the plaintiff cannot recover for injuries to grain by the 

 cattle of a third person for any period of time after the original 

 entry and trespass. ^^" 



Where the defendant's cow escaped from his premises with- 

 out his negligence and entered the plaintiff's barn through an 

 open door and the sleepers of the floor, being rotten, gave 

 way and the plaintiff, entering later, fell through the hole 

 made by the cow, it was held that his injuries were not the 

 proximate result of the cow's trespass. ^^^ 



75. Animals Straying from the Highway. — The common-law 

 rule rendering the owner of animals liable for failure to re- 

 strain them does not apply with the same strictness to ani- 

 mals lawfully on a public highway. "There is prima facie 

 a public right to and a public advantage in the use of the high- 

 way by the public for the usual purposes of trade and traffic, 

 and if the owner of adjacent land were allowed to leave the 

 same unfenced, and entitled at the same time to make any 

 person driving animals along the highway responsible for 

 their straying on to such lands, the use of the highway would 



"' Stearns v. McGinty, 55 Hun (N. Y.) loi. 



^'^ Claunch v. Osborn (Tex. Civ. App.), 23 S. W. Rep. 937. 



"" See §§ 88, 89, infra. 



"" Berry v. San Francisco & N. P. R. Co., 50 Cal. 435. 



"' Hollenbeck v. Johnson, 79 Hun (N. Y.) 499. 



