138 Pa. 437 | Pa. | 1891
According to the statement of the plaintiff the defendant kept a very voracious set of hogs. They were suffered to run at large without rings or yokes. “ They were of the slab-sided, long-snooted breed, against whose daily and nocturnal visits there is no barrier. They were of an exceedingly rapacious nature, and six of them, at one sitting, devoured fifty pounds of paint, thirty gallons of soft soap, four bushels of apples, and five bushels of potatoes, the property of the plaintiff. They raided the plaintiff’s spring-house, upset his milk-crocks, and wallowed in his spring; and for several years foraged upon his farm, having resort to his corn, potatoes, rye, and oat crops, to his garden, and to his orchard and meadow. They obtained an entrance by rooting out his fence chunks, and going under, or by throwing down the fences, or by working the combination on the gate. These hogs were breachy, and the plaintiff notified the defendant, several times, to shut them up, and the last time told him if he did not shut them up he would; and the defendant replied, ‘ Shut them up and be damned.’ ”
It may be this statement is exaggerated, yet the jury have found that they were troublesome hogs, and were without rings and yokes. That they did the plaintiff some damage is not disputed; but the defendant contends that the plaintiff was not entitled to recover anything for such damage, for the reason that he did not keep up proper fences. ■ We are unable to see what the question of fences has to do with the case. The act of 1705, 1 Sm. L. 70, expressly provides that “no swine shall be permitted to run at large without rings and yokes, under the penalty of forfeiting half the value thereof, .... Therefore, if any person or persons shall find on his, her or their lands, .... any swine, hog or hogs, shoat or shoats, or pigs, without rings in their noses, sufficient to prevent their turning up the ground, and triangular or three-cornered yokes or bows about their necks, and to extend at least six inches from the angular point or corner, sufficient to keep them from breaking through fences, it shall and may be lawful for him, her, or them, all such swine, hogs, shoats or pigs, to kill and take, and drive and carry away,” etc. We need not recite further the provisions of this act. It was not alleged that the defendant’s hogs had either rings in their noses, or yokes on their necks, as required by the act of 1705.
Judgment affirmed.