Is an animal that strays on a highway a trespassing animal?

Saskatchewan, Canada


The following excerpt is from Gordon v. Allan, 1941 CanLII 139 (SK QB):

In Cox v. Burbidge, supra, it was held that if an animal is not lawfully upon a highway but is trespassing, as when it has merely strayed on the highway, the owner is responsible for the ordinary consequences of such trespass.

Other Questions


Is there any case law where the words "trespass or trespass" are held to imply more than mere trespass or civil wrong? (Saskatchewan, Canada)
What is the test for a plaintiff to succeed in an action for trespass and trespass? (Saskatchewan, Canada)
Does a farmer have a duty to prevent his cow from straying on to a highway? (Saskatchewan, Canada)
Does a plaintiff have a duty to others using the highway to avoid injury? (Saskatchewan, Canada)
Is a horse owner liable for injuries sustained by a horse that strays on a neighbour's property and bites a horse? (Saskatchewan, Canada)
Can a court compel a municipality to open a original road allowance and make it fit for being travelled upon as a public highway? (Saskatchewan, Canada)
In what circumstances will a defendant be found liable in a trespass action? (Saskatchewan, Canada)
What is the test to determine whether a driver was negligent when a steer confronted him on the highway? (Saskatchewan, Canada)
In what circumstances will a defendant be found in the driver's seat of his vehicle, in a field adjacent to the highway? (Saskatchewan, Canada)
Is it negligent to allow a domestic animal to be at large? (Saskatchewan, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.