350 impounding; injueies on highways, etc. 



enter through a fence around the plaintiffs' range and com- 

 municate a disease to their cattle.^^^ 



Where animals grazed on a common range and the plain- 

 tiff was warned of the danger of disease, it was held equally 

 incumbent on him to keep his stock away from the defend- 

 ant's as it was upon the defendant to keep his upon his own 

 premises and prevent their running at large and communicat- 

 ing the disease.^^^ 



With reference to expert testimony it is said in an Illinois 

 case : "We are not prepared to hold that no one but a veter- 

 inary surgeon can properly testify in respect to the appear- 

 ance and symptoms of diseased horses and give an opinion 

 upon the question of the existence or non-existence of a par- 

 ticular disease or malady in such horses. It would seem that 

 farmers and other persons who for many years have had the 

 personal care and management of horses, both sick and well, 

 and have had an extensive practical experience with such ani- 

 mals, and with some particular disease to which they are sub- 

 ject, and ample opportunity to observe and know the char- 

 acteristics and symptoms of such disease, are qualified to state 

 whether in a particular case such characteristics and symp- 

 toms do or do not exist. And it would also seem that they, 

 after detailing facts which show that they have a practical and 

 personal knowledge and experience in respect thereto, may 

 properly venture an opinion in regard to the existence or non- 

 existence of a disease with which observation has made them 

 familiar." ^is 



90. Nuisances; Diseased and Dead Animals. — The power of a 

 municipality to order the destruction of dangerous animals as 

 nuisances has been already considered. ^i* This power ex- 



'" Clarendon Land Inv. & Ag. Co. v. McClelland, 86 Tex. 179. And 

 see Grayson v. Lynch, 163 U. S. 468. 

 '" Walker v. Herron, 22 Tex. 55. 



'"' Pearson v. Zehr, 138 111. 48, 53. And see Grayson v. Lynch, supra. 

 '" See § 46, supra. 



