Faber

This action was brought under the act of the legislature, approved March 7, 1878, and entitled, “An act concerning trespassing of animals upon private lands in certain counties in the state of California”: Stats. 1877-78, p. 176. The act is made applicable to the township in which is *269 situated the land of the plaintiff, and its first and second section are as follows:

The complaint charges that at certain stated times the plaintiff was the owner and in the possession of a certain piece of land; that at those times the defendant was the owner, in the possession, and chargeable with the care of certain sheep, which sheep then entered and trespassed upon the'land of the plaintiff and injured and destroyed the grain, hay, and grass thereon being and growing, to the plaintiff’s damage in the sum of one thousand dollars. If the averments made by the plaintiff were true, the law quoted made the defendant liable to her. And that the averments were true, except as to the amount of damage sustained by the plaintiff, was found by a jury upon evidence sufficient to sustain the verdict. The fact that the damage done to the plaintiff by defendant’s sheep had made it necessary for the…