The liability for
trespasses of cattle seems to lie on the boundary line between
rules based on policy irrespective of fault, and requirements
intended to formulate the conduct of a prudent man.
It has been shown in the first Lecture how this liability for
cattle arose in the early law, and how far the influence of early
notions might be traced in the law of today, Subject to what is
there said, it is evident that the early discussions turn on the
general consideration whether the owner is or is not to blame.
/2/ But they do not stop there: they go on to take practical
distinctions, based on common experience. Thus, when the
defendant chased sheep out of his land with a dog, and as soon as
the sheep were out called in his dog, but the dog pursued them
into adjoining land, the chasing of the sheep beyond the
defendant's line was held no trespass, because "the nature of a
dog is such that he cannot be ruled suddenly." /3/
[118] It was lawful in ploughing to turn the horses on adjoining
land, and if while so turning the beasts took a mouthful of
grass, or subverted the soil with the plough, against the will of
the driver, he had a good justification, because the law will
recognize that a man cannot at every instant govern his cattle as
he will.
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