4 Ind. App. 230 | Ind. Ct. App. | 1892
The appellant sued the-appellee for the recovery of the possession of four milch cows.
Issues formed were tried by the court, the finding and judgment being in favor of the appellee. The appellant’s motion for a new trial was overruled.
The appellant was the owner of the cattle. They were confined in a securely fenced pasture on his farm. Some
The same morning, at about sis o’clock, the appellant first learned of the escape of his cattle. He at once went in search of them, and he continued his search until he found them the same morning confined on the appellee’s farm. The appellant demanded of the appellee the possession of the cattle. The appellee refused to give them up, unless he should first be paid twelve dollars as his charges. Thereupon the appellant brought this action.
The-appellee contends that his refusal to surrender the animals was justified by the statute of March 7th, 1887, (Acts of 1887, p. 38), requiring road supervisors to cause animals running at large within their respective districts to be impounded, etc.
It has been settled that animals which escape from an inclosure in which they have been placed for the purpose of confining them, and which the owner, when he learns of their escape, endeavors to recover, can not be regarded
Under these cases the appellee’s defence can not be sustained.
The judgment is reversed, and the cause is remanded for a new trial.