Section 44-8-305 - Liability of persons not parties to agreement for trespass by stock

Any person not a party to the agreement whose stock trespasses upon the common enclosure shall be liable to the injured party for all damages that the person sustains, and the party so damaged has all the rights and liens given by law to persons damaged by stock trespassing upon enclosures that are not common; provided, the common enclosure is at the time a lawful enclosure or fence.Acts 1897, ch. 48, § 5; Shan., § 3001a5; Code 1932, § 5220; T.C.A. (orig. ed.), §§ 44-1719, 44-9-305.