ABSTRACT
This, one of the most ancient causes of action known to the common law, lies where cattle in the possession or control of the defendant are either intentionally driven on to the plaintiff’s land or stray onto such land independently. The essence of the tort has been expressed thus:
If I am the owner of an animal in which, by law, the right of property can exist, I am bound to take care that it does not stray onto the land of my neighbour; and I am liable for any trespass it may commit, and for the ordinary consequences of that trespass; whether or not the escape of the animal is due to my negligence is altogether immaterial.4
