Moran

The action was for damage caused by trespassing sheep, and the judgment was for plaintiffs in the sum of $408. Appellant states that the only point raised by him is that the court erred in overruling his demurrer to the complaint, and his contention is “that the complaint does not state a cause of action because nowhere in said complaint is it alleged that the land upon which crops of the respondents were growing was, at' the time of the alleged trespass, inclosed by a fence.” In that respect the averment of the complaint is: “On or about the twelfth day of February, 1919, plaintiffs were the owners of a -growing crop of peas . . . ; and on or about said date aforesaid, and while plaintiffs were such owners of said pea crop aforesaid, defendant did willfully and wrongfully suffer and permit his band of sheep, consisting of many hundreds in number, to trespass and feed upon said crop of peas and did thereby tramp down, eat and otherwise destroy said crop to plaintiffs’ damage in the sum of six hundred dollars.”

[1] It is the claim of appellant that the rule of the common law allowing the owner of real property to recover damages for trespassing of stock, although said real…