Sec. 4.
When any person is injured in his land, by sheep, swine, horses, asses, mules, goats or neat cattle, he may recover his damages in an action of trespass, or trespass on the case, against the owner of the beasts, or against the person having the care and control of such beasts, or by distraining the beasts doing the damage, and proceeding therewith as hereinafter directed; but if the beasts shall have been lawfully on the adjoining lands, and shall have escaped therefrom in consequence of the neglect of the person who has suffered the damage, to maintain his part of the division fences, the owner or person having the control of the beasts shall not be liable for such damage.
History: R.S. 1846, Ch. 125 ;-- CL 1857, 5049 ;-- CL 1871, 6770 ;-- How. 8358 ;-- CL 1897, 10691 ;-- CL 1915, 14782 ;-- CL 1929, 9064 ;-- CL 1948, 433.104
Structure Michigan Compiled Laws
Chapter 433 - Animals Running At Large
R.S. of 1846 - Revised Statutes of 1846 (433.101 - 433.117)
R-S-1846-433-101-125-OF-DISTRAINING-BEASTS. - Of Distraining Beasts. (433.101...433.117)
Section 433.101 - Beasts Distrained; Impounding.
Section 433.102 - Fees; Distraining and Impounding.
Section 433.103 - Fees; Payment Prerequisite to Delivery of Beast.
Section 433.104 - Recovery for Damages Caused by Beasts.
Section 433.105 - Impounding Beasts Doing Damage.
Section 433.106 - Delivery of Beasts by Poundmaster.
Section 433.107 - Care of Beasts by Person Distraining.
Section 433.108 - Notice of Beasts Distrained; Delivery to Owner.
Section 433.109 - Notice of Beasts Distrained; Posting in Certain Cases.
Section 433.110 - Notice of Beasts Distrained; Publication in Newspaper.
Section 433.111, 433.112 - Repealed. 1991, Act 142, Imd. Eff. Nov. 25, 1991.
Section 433.113 - Sale of Beasts; Notice.
Section 433.114 - Sale of Beasts; Proceeds.
Section 433.115 - Beasts Escaped or Rescued; Retaking.
Section 433.116 - Rescuing Beasts Distrained; Penalty.
Section 433.117 - Legality of Distress Determined in Replevin Action.