Comerford v. Dupuy

17 Cal. 308

Opinion

Baldwin, J. delivered the opinion of the Court

Fields, C. J. concurring.

The judgment must be affirmed. The criticism of the answer in this case cannot be maintained ; at least, the defects suggested were not sufficient to sustain the motion to strike out. We cannot interfere with the discretion of the Court in refusing a new trial.

We think a party cannot recover for injuries done by cattle of / defendant breaking into plaintiff’s close, unless the land entered be inclosed by a fence of the character prescribed in the statute, or at least, by an inclosure equivalent to that described in the statute in /its capacity to exclude cattle. (See Pennsylvania cases cited in respondents’ brief.)

Judgment affirmed.