Can a plaintiff recover damages for damages caused by a herd of large cattle that were running loose on a highway?
Saskatchewan, Canada
The following excerpt is from Anderson and Eddy v. Canadian Northern Railway Co., 1917 CanLII 342 (SK QB):
The defendants counterclaimed for damages caused to their engine by these animals. The trial Judge dismissed the counterclaim, I think in so doing he was right. The cattle were lawfully at large, and the defendants had removed their cattle guards, which is equivalent to leaving their land unfenced adjoining a highway, in which case they could not recover, without proof of negligence on part of the plaintiffs: Tillett v. Wood, 10 Q.B.D. 17; 52 L.J.Q.B. 61.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for liability for damage caused to a person’s property by workmen who cause damage to the property? (Saskatchewan, Canada)
What is the consequence of cattle running loose on to unfenced land adjoining a highway? (Saskatchewan, Canada)
In what circumstances will a plaintiff be indemnified for any damage caused to a plaintiff’s storage facility by a lighter man? (Saskatchewan, Canada)
Does an action for money had and received lie to recover back money paid for the release of a cattle damage feasant? (Saskatchewan, Canada)
In what circumstances will the owner of a cattle be held liable for any injuries sustained by his or her cattle on a highway? (Saskatchewan, Canada)
Can a plaintiff recover damages if he fails to exhibit a bright light? (Saskatchewan, Canada)
In what circumstances can a plaintiff recover damages for injuries sustained by a bull? (Saskatchewan, Canada)
Can a plaintiff recover damages from a veterinary surgeon who alleges that the horse was not fit to sell at the time of sale? (Saskatchewan, Canada)
Can a contractor who contracts for the construction of a 200-foot tunnel run the length of the tunnel, but runs five tunnels instead, can he recover on the contract or on the quantum meruit? (Saskatchewan, Canada)
Is there any case law where a defendant's cattle damaged a plaintiff's canola crop? (Saskatchewan, Canada)
